Kumar Saurabh Priyadarshi @ Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86391 of 2024 Arising Out of PS. Case No.-8005 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Kumar Saurabh Priyadarshi @ Saurabh S/O Sri Ram Tiwari R/o - Road No.12, Basargarh, P.S - Tupudana, District - Ranchi, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Madhu Upadhyay W/O Kumar Saurabh Priyadarshi @ Saurabh, D/O Late Kameshwar Upadhyay R/O Bajrangpuri Gayghat, Beside Shiv Mandir, P.S.- Alamganj, Guljarbagh, Dist.- Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore, APP For O.P. No. 2 :

Mr.Arvind Kr. Mouar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-05-2025 1.

Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Complaint Case No. 8005(c) of 2022, in which cognizance has been taken under Section 323, 498-A of the Indian Penal Code and Section 3/4 of D.P. Act.

3.

The allegation, as per the complaint, is that the marriage of the Opposite Party No. 2/ complainant was

2/4 solemnized with the petitioner on 01.12.2021. After marriage, petitioner told the complainant to bring Rs. 25 lacs and a Fortuner car from her parents, otherwise she would not be allowed to stay at her matrimonial home. Other accused persons also threatened her that if demand would not be fulfilled, they will perform second marriage of the petitioner. Thereafter, in order to pacify the situation, parent of the complainant gave Rs. 5 lacs to accused persons. But even thereafter, she was tortured and on 26.04.2022, she came to know that her husband was going to perform second marriage.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case, inasmuch as both husband and wife is in same profession and the marriage was dowry-free. He further submits that opposite party no. 2 has also filed a maintenance case before the learned trial court. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 7,000/- per month to the Opposite Party No. 2/ complainant as living cost, subject to the final outcome of the present case and/ or the matrimonial case, if any, pending and/ or decided between the parties.

3/4 5.

Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 7,000/- per month in the 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.

Regard being had to the submissions made on behalf of 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, I am inclined to grant the petitioner, privilege of anticipatory bail.

7.

This application is, accordingly, allowed.

8.

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 bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Patna, in connection with Complaint Case No. 8005(c) of 2022. 9.

This is subject to the condition that the petitioner

4/4 shall deposit a sum of Rs. 7,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th June, 2025.

(Anil Kumar Sinha, J) rinkee/- U T