Manoj Prasad @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72440 of 2022 Arising Out of PS. Case No.-345 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== MANOJ PRASAD @ MANOJ KUMAR S/O HARISH CHANDRA PRASAD Resident of village- Lakshmipur Done, P.S.- Naurangia, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PINKI DEVI W/O MANOJ PRASAD, D/O LATE DHARMENDRA PRASAD Resident of village- Harnatar, P.S.- Laukariya, District- West Champaran.

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 405, 504 & 506 of the Indian Penal Code.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.72440 of 2022(4) dt.20-06-2023 2/3 petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Learned counsel for the petitioner further submitted that petitioner is ready to make payment of Rs.5,000/- (Rupees Five Thousand) in second week of every succeeding month in the bank account of opposite party no.2 for her maintenance as per the details furnished by her counsel.

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/successor Court in connection with Tr.No. 4723 of 2022, arising out of Complaint Case No.345 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C., It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial, maintenance or any other collateral proceedings.

Patna High Court CR. MISC. No.72440 of 2022(4) dt.20-06-2023 3/3 The present order, in any way, will preclude the parties to resolve the issue otherwise.

It is made clear that if the petitioner fails to make payment on three consecutive dates, the learned court below will be at liberty to cancel the bail bond of the petitioner. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T