Bikky Sah @ Bikky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83627 of 2024 Arising Out of PS. Case No.-640 Year-2024 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Bikky Sah @ Bikky S/o Pannalal Sah Resident of Village- Ratansaray, PSBarauli, District- Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Pinki Devi W/o Bikky Sah @ Bikky, D/o Jagat Sah R/o vill - Barauli Surwal, P.S. - Barauli, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhangi Pandey Mr. Anand Vardhan For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 640 of 2024 dated 04.04.2024 registered for the offence punishable under Sections 323, 498(A), 406 of the I.P.C. and Section 4 of the D.P. Act.
3. As per the complaint petition the marriage of the complainant was solemnized with the petitioner on 07.12.2022 according to Hindu rites and rituals. It is alleged that the petitioner and other family members started pressurizing the complainant to bring a four wheeler as
2/4 additional dowry and due to non-fulfillment of the demand the accused persons used to torture the complainant both physically and mentally ultimately leading to her forced eviction from the matrimonial home within a short span of two years of marriage.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. The petitioner never demanded a four wheeler or any dowry from the complainant of her parents. The petitioner is always ready and willing to keep his wife with full honour and dignity. However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 5,000/- per month to the Opposite Party No. 2 as "living cost" subject to final outcome of the present case as well as matrimonial case and / or maintenance case filed and decided between the parties.
5. Learned counsel for the complainant / Opposite Party No. 2 accepts the offer so made by learned counsel for the petitioner and submits that petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the
3/4 bank account of the complainant / Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within ten days from today.
6. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, as such, I am inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his arrest / surrender before the learned court below within a period of six weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gopalganj / Additional Sessions Judge VIII, Gopalganj / court concerned in connection with Complaint Case No. 640 of 2024 subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following condition:- (i) that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of the
4/4 Opposite Party No. 2 positively by the 7th day of every month starting from the month of June, 2025. (Anil Kumar Sinha, J) praful/- U T