Rajeev Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79160 of 2024 Arising Out of PS. Case No.-1563 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Rajeev Ram S/o Ram Bahadur Ram R/o vill - Birpur, ward no. 1, P.O. and P.s. - Hasanpur, Distt.- Samastipur ... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Baby Kumari, Female, aged about 23 yrs., wife of Rajeev Ram, daughter of Jinsi Ram, resident of village Sanjat, P.O. Sherpur Sahlouri, P.S. Bhagwanpur, District Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 1563C of 2022 registered for the offence punishable under Sections 498(A), 406 of the I.P.C. and Section 3⁄4 of the D.P. Act.
3. As per the complaint petition the marriage of the complainant was solemnized with the petitioner / Rajeev Ram on 15.07.2021 according to Hindu rites and rituals. After marriage, the accused persons, including the petitioner, demanded Rs. 2,00,000/- cash and a colour T.V. and due to non fulfillment of the demand, they tortured the complainant and
2/4 ousted her from the 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. The petitioner neither demanded a single farthing from the complainant or her parents nor tortured or assaulted the complainant. He further submits that the fact of the matter is that the complainant / opposite party no. 2 herself does not want to live with the petitioner. He also submits that in the reconciliation proceeding before the learned court below the the opposite party no. 2 refused to live with the petitioner. He next submits that the complainant / opposite party no. 2 filed a maintenance case before the learned Principal Judge, Family Court, Begusarai bearing Maintenance Case No. 93 of 2023 in which summon has been issued to the petitioner on 07.06.2024.
However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 3,000/- per month to the opposite party No. 2 as "living cost" subject to final outcome of the present case as well as matrimonial case and / or maintenance case filed and decided between the parties.
5. Learned counsel for the complainant / opposite party no. 2
3/4 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 complainant / 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. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the opposite party no. 2, as such, I am inclined to grant the privilege of anticipatory bail to the petitioner.
7. 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 anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Complaint Case No. 1563C / 2022 subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following condition:- (i) that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of the opposite party no. 2 positively by the 7th day of
4/4 every month starting from the month of January, 2025.
(Anil Kumar Sinha, J) praful/- U T