Chandan Kumar @ Harsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82129 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== Chandan Kumar @ Harsh Kumar Son of Late Ashok Kumar @ Ashok Prasad Resident of Chipi Tola, Ganesh Lal Road, P.O.- Begampur, P.S.- Chowk, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinku Kumari @ Guddin Wife of Umashankar Prasad Resident of VillageNear Khusrupur Post Office, P.S.- Khusrupur, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Ms.Shaheen Begum Mr.Rajeev Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'A').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.82129 of 2024(3) dt.27-01-2025 2/3

4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that petitioner denies the allegation made in the present petition and submits that he never committed torture to opposite party no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Patna City, Patna in connection with Khusrupur P.S. Case No. 268 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its

Patna High Court CR. MISC. No.82129 of 2024(3) dt.27-01-2025 3/3 communication to the petitioner.

(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.

(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) anay U T