Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82343 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Pankaj Kumar S/o Kapildev Roy @ Kopy Rasident of village- Rasulpur, Chakka, Ward No 4, PS- Hayaghat, Distt.- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ambika Kumari W/o Pankaj Kumar R/o vill - Rasulpur, Chakka, ward no. 4, P.S. - Hayaghat, Distt.- Darbhanga, At present D/o Surendra Ray, R/o vill - Muglanichak, P.S. - Warishnagar, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayashankar Mishra, Adv.
For the State :
Mr. Pronoti Singh, APP.
For the Informant :
Mr. Ashwani Kumar Tiwary, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 498(A), 504 and 506 of the Indian Penal Code.
3. Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand.
4. At the outset, it is submitted by learned counsel for the petitioner that the matrimonial disputes between the parties has been resolved and the petitioner (husband) and the informant (wife) are staying together and leading a peaceful conjugal life
Patna High Court CR. MISC. No.82343 of 2024(4) dt.06-05-2025 2/3 as husband and wife. It is further submitted that an affidavit to this effect was filed on behalf of the petitioner. The filed copy of the supplementary affidavit is not found on record, but a photocopy of the same has been made available containing an original copy of the compromise petition signed between the parties and the same is kept on record. The said compromise petition would go to show that the cordial relationship has been developed once against between the informant and her husband and also the other relatives and due to this compromise, the parties do not want to proceed with the litigation. The said submission of the learned counsel for the petitioner and the affidavit also find support from the submission of learned counsel for the informant who also agrees that the petitioner and the informant are staying together as husband and wife.
5. 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 Court below where the case is pending/successor Court in connection with Hayaghat P.S. Case No. 72 of 2024, subject to the condition as laid down
Patna High Court CR. MISC. No.82343 of 2024(4) dt.06-05-2025 3/3 under Section 438 (2) of the Cr.P.C.
6. However, it is expected that the petitioner (husband) would keep his wife (informant) with due dignity and honour in future also.
(Soni Shrivastava, J) divyanshi/- U T