Raj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90167 of 2024 Arising Out of PS. Case No.-500 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Raj Kumar Gupta S/o- Sri Arjun Sao Resident of Village- Tarwa More, P.S. Wazirganjgai, District- Gaya, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Devi D/o- Raj Kumar Prasad Moh- Zoda Masjid Manpur PsBuniyadganj Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mrs.Rina Sinha Mr. Dhirendra Kumar, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2025 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.

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

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a case registered for the offences under Sections 127(1), 115(2), 303(2), 85, 352, 351(2), 3(5) of the B.N.S., 2023 and Section 3 / 4 of the Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.90167 of 2024(3) dt.21-04-2025 2/3

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 A.C.J.M. - I, Gaya in connection with Wazirganj P.S. Case No. 500 of 2024, subject to the conditions laid down under section 482(2) of the B.N.S.S., 2023 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 communication to the petitioner.

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

Patna High Court CR. MISC. No.90167 of 2024(3) dt.21-04-2025 3/3

(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