Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64148 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA PS District- Buxar ====================================================== SANDEEP KUMAR Son of Late Vijay Kumar Prasad @ Vijay Kumar Resident of Village - Karisath, P.S.- Udwant Nagar, Distt - Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rang Nath Choubey For the Opposite Party/s :

Mr. H.A. Khan Mr. Mrigendra Pratap Singh Mr. Rupesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2022 Heard learned counsel for the parties through virtual court proceedings.

The petitioner apprehends his arrest in Buxar (Mahila) P.S. Case No.34 of 2019, registered for the offences punishable under Sections 498A, 406, 504, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner, who is husband of the informant, is said to have ousted the informant from her matrimonial home in association of his family members over the dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner has neither made any dowry demand nor drove the informant out of her matrimonial home nor tormented her over the demand

Patna High Court CR. MISC. No.64148 of 2019(9) dt.07-02-2022 2/3 of dowry. He is still ready to keep his wife with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006

(3) PLJR 182. It is also submitted that the petitioner is ready to pay Rs.5000/- (Rupees Five Thousand) per month to the informant in the second week of every succeeding month in the bank account of the informant for her maintenance as per the details furnished by the learned court below. In that 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/sucessor court in connection with Buxar (Mahila) P.S. Case No.34 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Patna High Court CR. MISC. No.64148 of 2019(9) dt.07-02-2022 3/3 It is also made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, the informant shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J.) Sanjay/- U T