Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80977 of 2024 Arising Out of PS. Case No.-1033 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Bipul Kumar S/O Kapildeo Sao Resident of Village-Noorsarai, P.S.- Noorsarai, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarita Kumari D/o Rajendra Sao Resident of Village-Kadirganj, P.S.- Nawada (O.P. Kadirganj), District-Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 The petitioner and the opposite party no. 2 are present along with their respective counsels.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 498A, 504 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

3. By earlier order, the matter had been sent to the Patna High Court Mediation and Conciliation Centre for resolution of disputes between the parties but the same has failed.

4. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture.

5. Today after brief discussion with both sides, it

Patna High Court CR. MISC. No.80977 of 2024(5) dt.29-04-2025 2/3 appears that the matter cannot be resolved between the parties at this stage.

6. However, the petitioner offers to give Rs.4000/- (rupees four thousand) per month to 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. The application has been opposed by the learned APP for the State and learned counsel for the complainant.

8. However, the opposite party no. 2 has stated in very unambiguous terms that she wants and is desirous of staying with the husband., the husband has refused to take her along on the ground that he has apprehensions of bad behavior and some other threats from the wife.

9. 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 S.D.J.M., Nawada in connection with Complaint Case No. 1033 of 2024, subject to

Patna High Court CR. MISC. No.80977 of 2024(5) dt.29-04-2025 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

10. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details 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 opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

11. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T