Kishun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78202 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Kishun Kumar Son of Maheshwar Singh Resident of Village- Allipur, Manjhipur, P.S.- Rajapakar, Distt.- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baby Kumari Wife of Kishun Kumar, D/O- Bir Chandra Singh Presently residing at Village- Chapri Bujurg, P.S.- Jandaha, Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Samarjeet Singh, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, Advocate For O.P. No. 2 :

Mr.Rajeev Ranjan II, Advocate :

Ms.Priyanka Kumar, Advocate :

Ms.Kumari Rupa, Advocate :

Ms.Anjana Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2024 1.

Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Mahila PS Case No. 25 of 2023, registered for the offences punishable under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3.

The allegation, as per the First Information Report, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 11.05.2017 and out of the wedlock, one son and two daughters were born. It is alleged that after birth of

Patna High Court CR. MISC. No.78202 of 2024(2) dt.03-12-2024 2/3 two daughters, the petitioner started harassing the informant for demand of dowry. She was also not given food and on 04.08.2023, the informant along with one daughter was ousted from her matrimonial home.

4.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the informant- Opposite Party No. 2 as living cost, subject to the final outcome of the present case and/ or the matrimonial case, if any, pending and/ or decided between the parties. 5.

Learned Counsel for the informant-Opposite Party No. 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. 3,000/- per month in the bank account of the informant-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.

Regard being had to the submissions made on

Patna High Court CR. MISC. No.78202 of 2024(2) dt.03-12-2024 3/3 behalf of 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 informant, I am inclined to grant the petitioner, privilege of anticipatory bail.

7.

This application is, accordingly, allowed.

8.

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 bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Hajipur at Vaishali, in connection with Mahila PS Case No. 25 of 2023. 9.

This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of informant positively, starting from 07th January, 2025.

(Anil Kumar Sinha, J) rinkee/- U T