Sanjeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78438 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== Sanjeev Kumar Singh Son of Lalan Singh Resident of Jhajhwa P.S.- Darunda, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nibha Devi @ Nisha Kumari D/O Sunil Kumar Singh R/O Vill.- Kamsada, P.S.- Daraunda, Dist.- Siwan.

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

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024 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 Daraunda P.S. Case No. 260 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 19.05.2021 and after sometime, her in-laws started torturing her for golden chain and motorcycle as dowry demand. When the informant showed inability of her

Patna High Court CR. MISC. No.78438 of 2024(2) dt.04-12-2024 2/3 parents to fulfill the said demand, she was abused, assaulted and 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 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 behalf of the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel

Patna High Court CR. MISC. No.78438 of 2024(2) dt.04-12-2024 3/3 for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, 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., Siwan, in connection with Daraunda PS Case No. 260 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 Opposite Party No. 2 positively, starting from 07th January, 2025.

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