Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85046 of 2024 Arising Out of PS. Case No.-1482 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rahul Kumar S/o Late Lakshman Pandit R/o Mohalla - Daulatpur Simri, P.s. - Bihta, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savitri Devi W/o Rahul Kumar Pandit R/o vill - Daulatpur simri, P.s. - Bihta, Distt.- Patna, Presently residing at Dhania Bagicha, P.S. - Delha, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 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 a case registered for the offence punishable under Sections 498A, 494, 109 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

3. Petitioner is the husband of opposite party no.2. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation of demand of dowry and torture.

4. It has been submitted by learned counsel for the petitioner that the allegations made in the complaint are totally false. It has further been stated in paragraph 8 of the petition

Patna High Court CR. MISC. No.85046 of 2024(3) dt.30-04-2025 2/3 that the petitioner is ready to keep the opposite party no.2 with full dignity and honour.

5. The application has been opposed by the learned APP for the State and learned counsel for the opposite party no. 2.

6. At this stage, the petitioner offers to give Rs.3500/- (rupees three thousand five hundred) per month to opposite party no.2 in the first week of every month. 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. In such 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 four weeks from today, 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 C.J.M., Gaya in connection with Complaint Case No. 1482(C) of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to

Patna High Court CR. MISC. No.85046 of 2024(3) dt.30-04-2025 3/3 provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T