Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1867 of 2025 Arising Out of PS. Case No.-239 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Jitendra Kumar S/o- Bachen Yadav Resident of Village- Kharundhi, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mamta Kumari D/o- Raj Dev Yadav Village- Rani Chak Ps- Bahera DistGaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025 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 connection with Barachatti P.S. Case No. 239 of 2024 registered for the offence punishable under Sections 341, 323, 504, 506, 498A and 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

3. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture.

4. Learned counsel for the petitioner submits that the allegations made in the First Information Report are totally false and he has never indulged in any demand of dowry and has not meted out any cruelty to his wife i.e. the opposite party

Patna High Court CR. MISC. No.1867 of 2025(3) dt.23-04-2025 2/3 no. 2.

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. 3000/- (rupees three thousand) 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 A.C.J.M.-II, Sherghatti, Gaya in connection with Barachatti P.S. Case No. 239 of 2024, 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 provide her bank account details to the petitioner within a

Patna High Court CR. MISC. No.1867 of 2025(3) dt.23-04-2025 3/3 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