Hemkamal @ Hem Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88069 of 2025 Arising Out of PS. Case No.-12267 Year-2024 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Hemkamal @ Hem Kamal S/o Pramod Kumar R/o Mohalla - Moldiyar Tola, Near - Red Rose Happy School, P.S - Mokama, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sneha @ Sneha Kumari W/o Hem Kamal @ Hemkamal R/o Village - Moldiyar Tola, Near - Red Rose Happy School, P.S - Mokama, District - Patna Presently D/o - Shailesh Kumar R/o Mohalla - Gokul Path, North Patel Nagar, P.S - Patliputra, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 2 Mr. Aryan Singh For the Opposite Party/s :

Mr. Md. Fahimuddin For the O.P. No. 2 :

Mr. Abhishek Kant, Advocate Mr. Neerad Parashar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-03-2026 Heard the learned counsel for the petitioner, the learned APP for the State, and the learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Complaint Case No. 12267(C) of 2024 filed for offences under Sections 85, 115(2), 118(1), 303, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioner is accused of assaulting and torturing the complainant due to nonfulfillment of the demand of dowry.

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4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that the petitioner is ready to settle the present case and is ready to pay Rs. 20 Lakh to the O.P. No. 2 as permanent settlement alimony amount within six months from today.

5. Learned APP for the State and the learned counsel for the O.P. No. 2 have no objection to the aforesaid submission of the learned counsel for the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Complaint Case No. 12267(C) of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS and with further conditions:- (I). That the husband/petitioner has agreed to pay the settlement amount in the sum of

3/5 Rs.20,00,000/-(Rupees Twenty Lakh Only) in the following manner:- (a) The Petitioner will pay first installment of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand) at the time of furnishing bail bonds in the concerned Court and the payment shall be made through Bank Draft in the name of opposite party No. 2., and Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand) shall be paid to the O.P. No. 2 in the next two months.

(b) That both the parties will file the mutual divorce petition in terms of Section 13 (B) of the Hindu Marriage Act, before the Principal Judge, Family Court, Patna with a period of 30 days of furnishing bail bond.

(c). Rs. 7,50,000/-(Rupees One Lakh) shall be paid to the O.P. No. 2 at the time of filing and first appearance in the joint mutual divorce petition filed before the Ld. Principal Judge, Family Court, Patna. The payment shall be made through Bank Draft in the name of Opposite Party No.2;

4/5 (d). The last and final installment of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand) shall be paid to the Opposite Party No.2 on the date of final evidence and witness by both the parties in divorce case.

(e). That after filing the mutual divorce case, the Opposite Party No.2 will file a compromise petition before the Ld. Court below in connection with present case and both the parties will appear before the Ld. Court below for compounding the Complaint Case.

(f). That both the parties will withdraw respective cases Civil/Criminal in nature filed against each other in the light of settlement of dispute soon after filing of the mutual divorce petition.

(g). This settlement shall be full and final settlement and no party shall claim in future against each other, in any manner.

(h). That both the parties agreed to file mutual consent divorce case under section 13 (B) of Hindu Marriage Act, 1955, before Principal

5/5 Judge, Family Court, Patna as mentioned above and after that both the parties are free to lead their life as per their own will.

Shishir/- (Sandeep Kumar, J) U T