Rahul Ahiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73669 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== RAHUL AHIRAJ SON OF SHAMBHU RAI R/O PARAMANANDPUR, P.S.- DUMARA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

SIMA KUMARI WIFE OF RAHUL AHIRAJ, D/O RAM INDAL RAI RESIDENT OF VILLAGE- BANCHAURI TOLE MALIKHANA, POLICE STATION- DUMARA, DISTRICT- SITAMARHI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP.

Mr. Alok Kumar Alok, Adv.

Mr. Santosh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the for the petitioner and learned APP for the State..

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of informant/complainant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand. They also ousted her from matrimonial home.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.73669 of 2022(2) dt.03-02-2023 2/3 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. He is still ready to keep her 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.

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 Dumara P.S. Case No. 265 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling

Patna High Court CR. MISC. No.73669 of 2022(2) dt.03-02-2023 3/3 the bail bond of the petitioner.

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.

Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.

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.

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