Pradeep Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77639 of 2024 Arising Out of PS. Case No.-2103 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Pradeep Sah Son of Ashok Sah Resident of Village - Near Radha Krishna Mandir, Pandev Nagar, Police Mandawali, District- East Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonali Kumari Wife of Pradeep Sah, Daughter of Late Ram Vilash Sah Resident of Village - Gudari Bazar, Ward No.20, Police Station - Muffasil, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

Mr. Ranjit Kumar Yadav, Adv.

Mr. Ugresh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner, Mr. Dilip Kumar No.1, learned APP for the State and Mr. Ranjit Kumar Yadav, learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 506 of the Indian Penal Code.

3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has falsely been implicated in the present case due

Patna High Court CR. MISC. No.77639 of 2024(2) dt.20-11-2024 2/3 to ulterior motive. He has neither made any dowry demand nor tormented the complainant over the demand of dowry. All the allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that the complainant herself did not want to live in her matrimonial house with her in-laws. Learned counsel further submits that the petitioner had filed a matrimonial case i.e. Matrimonial Case No. 164 of 2023 for restoration of conjugal life before the learned Court below and in the aforesaid case, notice was also issued to the complainant, but she was not interested at all. It is further submitted that petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. 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 Complaint Case No. 2103 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 5,000.00 (Rupees Five Thousand) per month to the complainant in the second week of

Patna High Court CR. MISC. No.77639 of 2024(2) dt.20-11-2024 3/3 every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. 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.

8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. With the aoforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T