Patna High CourtCR. MISC./80352/2024bail granted

Bijendra Thakur @ Bijo Thakur v. The State Of Bihar

2025-04-28Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80352 of 2024 Arising Out of PS. Case No.-166 Year-2015 Thana- BIHRA District- Saharsa ====================================================== Bijendra Thakur @ Bijo Thakur Son of Late Baijnath Thakur @ Bejnath Thakur Resident of Lakshminiya, Police Station - Bihra, District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar 2.

Rita Devi Wife of Bijendra Thakur @ Bijo Thakur Resident of Lakshminiya, Police Station - Bihra, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subesh Sharma For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-04-2025

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 Bihra P.S. Case No.166 of 2015 registered under sections 498A, 504, 341, 323, 325 and 506 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

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

Patna High Court CR. MISC. No.80352 of 2024(5) dt.28-04-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. 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.

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. 3,000/- 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 Bihra P.S. Case No.166 of 2015 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 J.M. 1st Class, Saharsa, subject to the condition laid down under

Patna High Court CR. MISC. No.80352 of 2024(5) dt.28-04-2025 3/3 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. 3,000/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) sharun/- U T