Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76695 of 2024 Arising Out of PS. Case No.-444 Year-2024 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Ankit Kumar S/o Ramnarayan Singh R/o vill - Ballabhpur, Colony, Plot No. 11, Kandwa, P.s. - Chitayepur, Dist. - Varanasi (U.P) ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Pallavi Kumari W/o Ankit Kumar R/o vill - Ballabhpur, Colony, Plot No. 11, Kandwa, P.S. - Chitayepur, Distt. - Varanasi (U.P), at present reside with her father namely Murari Singh, R/o Vill - Akhalaspur, P.S. - Bhabhua, Distt.- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-11-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 444 of 2024 registered for the offence punishable under Sections 498(A), 307 / 34 of the I.P.C. and Section 3 / 4 of the D.P. Act.
3. The case of the prosecution is that the marriage of the complainant was solemnized with the petitioner in the year 2022 at Varanasi as per Hindu rites and customs and thereafter the complainant went to her "sasural" where after lapse of some time the petitioner and her in-laws started demanding a "Four Wheeler Fortuner" and due to non fulfillment of the demand of
2/4 dowry the complainant was being ill treated and tortured both physically and mentally. However, after some time, the complainant's husband took the complainant at Jalagaon (Maharashtra) where he is posted and started torturing her for non fulfillment of dowry. Lastly, the complainant was ousted from her matrimonial home and since then she is living at her parents' home.
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner alleged. The petitioner is the husband of the complainant and he has falsely been implicated along with his parents and sister. The petitioner is a Government employee posted as G.S.T. Inspector at Jalagaon in Maharashtra. The petitioner neither demanded a single farthing from the complainant or her parents nor tortured or assaulted the complainant. However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 5,000/- per month to the Opposite Party No. 2 as "living cost" subject to the final outcome of the present case as well as matrimonial case and / or maintenance case filed and decided between the parties.
5. Learned counsel for the complainant / Opposite Party No.
3/4 2 accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the complainant / Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within ten days from today.
6. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, as such, I am inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his arrest / surrender before the learned court below within a period of six weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Kaimur at Bhabua in connection with Complaint Case No. 444 of 2024 subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following condition:- (i) that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of the
4/4 Opposite Party No. 2 positively by the 7th day of every month starting from the month of December, 2024.
(Anil Kumar Sinha, J) praful/- U T