Patna High CourtCR. MISC./79670/2024bail granted

Dharmendra Kumar v. The State Of Bihar

2025-06-25Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79670 of 2024 Arising Out of PS. Case No.-481 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dharmendra Kumar S/O Sri Biteshwar Mistri @ Bateshwar Mistri R/O Village- Katesar Chak, P.O- Katesar, P.S- Bihta, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Shimpi Kumari W/O Sri Dharmendra Kumar , D/O Sri Bijendra Mistri @ Bijendra Sharma R/O Village- Khaira, P.O- Dihri, P.S- Naubatpur, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Ray For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-06-2025

1. 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 Complaint Case No.481-C of 2020 registered under Sections 498A of the Indian Penal Code.

3. As per the prosecution case, the informant states that her husband, the petitioner herein, along with accused persons started to assault the complainant mentally and physically on account of non-fulfillment of demand of dowry and also ousted her from matrimonial house.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.79670 of 2024(4) dt.25-06-2025 2/3 earlier the matter had been sent to the Patna High Court Mediation Center vide order dated 22.03.2025 but the mediation process has failed. Learned counsel for the petitioner further submits that the allegation of demand of dowry and torture is false and concocted. The petitioner is always ready to keep his wife with full dignity and honor but it is the complainant who never wants to live with the petitioner. The petitioner has no criminal antecedent and undertakes to co-operate in case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no. 2.

6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 2500/- to his wife in the second week of every month for her basic requirements. 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. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case No.481-C of 2020 on

Patna High Court CR. MISC. No.79670 of 2024(4) dt.25-06-2025 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Court No.7, Danapur, Patna, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 2500/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) sharun/- U T