Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76926 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Raja Kumar S/o- Mangal Saw Resident of Ward No 8, Ps- Mokama, DistPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Kumari W/o- Raja Kumar R/o- W.No-8, Mokama Ps- Mokama Dist- Patna, P/A- village- Lakhanchand Kali Asthan Ps-Mokama Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2025 Heard Mr. Manoj Kumar Pandey, learned counsel for the petitioner, Mr. Vivek Kumar Sinha, learned counsel appearing for Opposite Party No.2/Complainant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No.687 C/2023 registered for the offences punishable under Section 498(A) of the IPC and 3⁄4 of the Dowry Prohibition Act.

3. As per the complaint petition, the complainant according to the Hindu ritual was married to the petitioner on 29.04.2018 and she has also been blessed with a male child. After some time, her in-laws started torturing her for dowry and due to non fulfillment of the same, she was tortured and

2/4 subsequently ousted from her matrimonial home on 20.08.2023.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation alleged in the complaint petition is false and fabricated.

5. Pursuant to the order of this Court dated 19.11.2024, the matter was referred to Patna High Court Mediation and Reconciliation Centre in order to explore the possibility of amicable settlement of disputes between the parties but the report of Mediator dated 10.01.2025 reveals that the dispute between the parties could not be settled through the process of mediation and the same stands failed. Thereafter, both the parties, in pursuance of this Court, sat together and tried to settle the dispute but no fruitful result has come.

6. Learned counsel for the petitioner, on instruction, submits that now in the present situation, the petitioner is ready to pay Rs. 5000/- (Rs. Five thousand only) per month as an interim compensation to the Opposite Party No.2 till the disposal of the maintenance case, if any.

7. Learned counsel for the Opposite Party No.2 has no objection if the petitioner pays Rs. 5000/- (Rs. Five thousand only) per month to Opposite Party No.2 as an interim

3/4 maintenance.

8. Accordingly, the prayer for anticipatory bail of the petitioner stands allowed subject to the condition that the petitioner shall pay Rs. 5000/- (Rs. Five thousand only) per month starting from May, 2025 as interim maintenance to her (Kanchan Kumari) account bearing Account No. 35416652707, IFSC Code: SBIN0017168, Branch, Hathidah. If the petitioner fails to pay the aforesaid maintenance amount to the Opposite No.2, the OP No.2 will have liberty to move for cancellation of his bail bond.

9. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Barh, Patna in connection with Complaint Case No.687 C/2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

4/4 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) perwez U T