Shani Pandey @ Sunny Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78337 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Shani Pandey @ Sunny Kumar Pandey Son of Surendra Pandey Resident of Village- Raipura, PS -Kateya, Distt.- Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Varun Shukla Son of Keshav Shukla Resident of Village- Dumrauna, PS -Kateya, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar Shukla For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in connection with Kateya P.S. Case No. 104 of 2024 registered for the offence punishable under Sections 341, 342, 323, 498A, 504, 506, 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
3. Petitioner is the husband of sister of opposite party no.2. The allegation is of demand of dowry of Rs. 3,00,000/- and torture.
4. It has been submitted by learned counsel for the petitioner that the allegations made in the first information report are totally false. As a matter of fact, he has not made any
Patna High Court CR. MISC. No.78337 of 2024(4) dt.18-04-2025 2/3 demand of dowry nor has inflicted any torture upon the sister of opposite party no. 2. He has further submitted that although there are allegations of assault but there is no injury report of sister of opposite party no. 2 on record which would further go to falsify the allegations made against the petitioner.
5. The prayer for anticipatory bail has been opposed by the learned APP for the State and learned counsel for the informant.
6. At this stage, the petitioner offers to give Rs.3000/- (rupees three thousand) per month to the sister of opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Kateya P.S. Case No. 104 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.78337 of 2024(4) dt.18-04-2025 3/3 and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide the bank account details of his sister to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to the sister of opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T