Pawan Yadav @ Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72444 of 2024 Arising Out of PS. Case No.-397 Year-2020 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Pawan Yadav @ Pawan Kumar Son of Ramvilash Yadav Resident of VillageBinodpur, P.S.- Rautara, Distt.- Katihar. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Devi D/o- Naresh Yadav, Wife of Pawan Yadav @ Pawan Kumar Resident of Village- Mirjapur, P.S.- Korha, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bhola Prasad, Advocate For the State :
Mr. Suresh Prasad Singh, APP For the O.P. No.2 : Md. Mousowir, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. The petitioner apprehends his arrest for the offences punishable under Sections 323 and 498A of the Indian Penal Code.
3. The prosecution case is based upon the complaint petition in which allegation of demand of dowry and torture has been made. The petitioner is the husband.
4. It is submitted by learned counsel for the petitioner that the allegations made in the complaint are totally false. As a matter of fact, the petitioner is ready to keep the complainant/
Patna High Court CR. MISC. No.72444 of 2024(4) dt.24-06-2025 2/3 opposite party no.2 along with the children in his house with full honour and dignity subject to the condition that she would not keep any connection with one Mithun Kumar, against whom the petitioner has filed a criminal complaint case making his wife (opposite party no.2) also an accused. Learned counsel for the O.P. No.2, however, opposes the present application.
5. At this stage, the petitioner offers to give Rs.4,000/- (Rupees Four Thousand) per month to the opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
6. In such view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with C.A. Case No.397 of 2020, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
7. Learned counsel for the opposite party no.2 is
Patna High Court CR. MISC. No.72444 of 2024(4) dt.24-06-2025 3/3 directed to make available the bank account details of opposite party no.2 to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party would be at liberty to file an application for cancellation of bail bonds of the petitioner.
8. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T