Subhash Kumar @ Subhash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75583 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Subhash Kumar @ Subhash Kumar Singh Son of Satyanarayan Singh Resident of Village - Chainpura, Ward No. 10, Police Station - Jankinagar, District - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari Wife of Subhash Kumar Singh @ Subhash Singh, Daughter of Sri Arun Kumar Singh Resident of Village - Chainpura, Ward No. 10, Police Station - Jankinagar, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupesh Kumar For the State :

Mr.Abhay Kumar Roy For O.P. No. 2 Ms. Kirti Mathur ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections, 323, 420, 498A/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

3. By an earlier order, the matter had been sent to the Patna High Court Mediation and Conciliation Centre for resolution of disputes between the parties but the same has also failed.

4. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation

Patna High Court CR. MISC. No.75583 of 2024(6) dt.01-07-2025 2/3 of demand of dowry and torture. Petitioner is the husband of opposite party no.2.

5. Learned counsel for the petitioner submits that the allegations levelled in the complaint are not correct and as a matter of fact, the petitioner has always been ready to keep the opposite party no.2 with full dignity and honour and was even ready to settle the issues mutually but the same could not happen and frivolous allegations of demand of dowry has been alleged against the petitioner.

6. Learned counsel for the opposite party no. 2, however, controverts the submissions made by the learned counsel for the petitioner and rather supports the allegations made in the complaint.

7. At this stage, the petitioner offers to give Rs.8000/- (rupees eight thousand) per month to 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 proceeding.

8. 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

Patna High Court CR. MISC. No.75583 of 2024(6) dt.01-07-2025 3/3 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 258(C) of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

9. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details 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 no.2 would be at liberty to file cancellation of bail.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T