Rajiv Kumar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.578 of 2023 Arising Out of PS. Case No.-1101 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Rajiv Kumar @ Rajeev Kumar Son Of Naresh Prasad Sinha R/O VillageThalposh, P.S.- Pakribarawan, District- Nawada ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Puja Sinha Wife Of Rajiv Kumar, D/O Ajay Kumar Sinha R/O VillageChhabila Theeka, P.S.- Barbigha, District- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A/494 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that 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

Patna High Court CR. MISC. No.578 of 2023(2) dt.04-02-2023 2/3 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. However, the petitioner is ready to give Rs. 5,000.00 (Rupees Five Thousand) per month as maintenance to opposite party no.2 in 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. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

In that view of the matter, let the above named petitioner, be released on anticipatory 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. 1101 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

Patna High Court CR. MISC. No.578 of 2023(2) dt.04-02-2023 3/3 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.

Learned court below is directed to issued notice to the complainant/informant for furnishing her bank account details. If she fails to furnish her bank account details the aforesaid amount will be deposited before the learned court below which will be released in favour of the complainant/informant after the complainant/informant furnishes her bank account details.

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