Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86548 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- BEUR District- Patna ====================================================== Sujeet Kumar Son of Ashok Kumar R/o Khaspur, P.S. - Maner, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amaresh Kumar Jha, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Beur P.S. Case No. 61 of 2023, registered for the offences punishable under Sections 323, 341, 498-A, 504, 506, 34 of the Indian Penal Code and 3/4 of the D.P. Act.
3. The prosecution case, as per the First Information Report, is that the marriage of the informant was solemnized with the petitioner on 14.06.2020 and from the wedlock, they have one children. Thereafter, the petitioner started demanding a sum of Rs. 6,00,000/- as dowry from the informant and due to non-fulfillment of the said demand, the petitioner tortured the informant, physically as well as mentally, and also ousted her from her matrimonial home.
Patna High Court CR. MISC. No.86548 of 2023(2) dt.31-01-2024 2/3
4. Learned counsel for the petitioner submits the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. 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. 1,000/- per month to the informant and her child as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, filed or pending between the parties. The offer made by the petitioner has been accepted by learned counsel for the informant.
5. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that petitioner is ready to pay a sum of Rs. 1,000/- per month to the informant as living cost, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, Sujeet Kumar in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Beur P.S. Case No. 61 of 2023, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.86548 of 2023(2) dt.31-01-2024 3/3 438(2) Cr.P.C.
8. This is subject to the condition that the petitioner shall deposit a sum of Rs. 1,000/- per month in the bank account of informant positively, starting from 10th February, 2024 and the petitioner will take the details of the bank account of the informant from the District Court by filing a petition to this effect in this case within a period of one week from today. (Anil Kumar Sinha, J) Sudha/- U T