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Patna High CourtCR. MISC./81449/2023allowed

Ravish Kumar @ Chintu v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81449 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- MAHILA P.S. District- Siwan ====================================================== RAVISH KUMAR @ CHINTU S/O YOGENDRA SINGH R/O MOHALLARAMDEO NAGAR MAHADEWA, P.S- MAHADEWA (O.P), DISTT.- SIWAN.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MUNNI KUMARI @ ANJALI KUMARI D/O RAJBALI SINGH R/O VILLAGE- SATWAR, P.S- G.B NAGAR TARWARA, DISTT.- SIWAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP.

Mr. Ram Vinay Pd. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

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. 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 tormented her over the demand of dowry. The real fact is that

Patna High Court CR. MISC. No.81449 of 2023(2) dt.21-12-2023 2/3 the informant lodged this false and fabricated case with intention to grab the land property of the petitioner. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. In that 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 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 Siwan Mahila P.S. Case No. 36 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs.5,000.00 (Rupees Five Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Patna High Court CR. MISC. No.81449 of 2023(2) dt.21-12-2023 3/3

8. Learned counsel for the informant is directed to furnish the bank account details of the informant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.

9. 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.

10. With the aforesaid observation and direction, this application stands disposed of.

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