Anticipatory bail granted with conditions based on the appellant's commitment to support his wife and child amidst dowry allegations.

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 12-12-2025 Heard Mr. Abhishek Anand, learned counsel for the petitioner and Mr. Ratnakar Jha for the opposite party no. 2.

2. The petitioner apprehends his arrest in connection with Harlakhi P.S. Case No. 167 of 2024 for the offence registered under sections 341, 505 and 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act .

3. As per the prosecution story, the informant alleged that she got married to the petitioner in the year 2020 but was always tortured for dowry. A Panchayati took place but the torture continued and this led to the FIR.

4. In this case, both the learned Sessions Court as also this Court tried to mediate in the matter but the attitude of the petitioner was that he is not willing to continue with the lady.

5. However, on instruction, it has been submitted by learned counsel for the petitioner that as she is a wedded wife, she also has a child out of the wedlock, the petitioner intend to pay Rs. 6,000/- for the lady and Rs. 2,000/- for the child (totaling Rs. 8,000/-) to be deposited in the bank account of the lady by tenth of every month and failure to do so, the lady can take steps for the cancellation of the bail bond. He also submits that to the knowledge of the petitioner, she has preferred maintenance case before the Competent Court.

6. Learned counsel for the informant submits that though she wanted to continue the relationship and live with him for the sake of the child, as he is adamant not to take her back, an undertaking has been given that he shall be maintaining the lady as also the child, she has no objection.

7. Considering the submissions of the parties as also the materials on record and taking into account the undertaking given by him that he shall be maintaining the lady as also the child to the tune of Rs. 8,000/-, as recorded above, to be paid to her by tenth of every month in her bank account, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class- cum-Munsif, Benepatti, Madhubani in connection with Harlakhi P.S. Case No. 167 of 2024 subject to condition as laid down under Section 438 (2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J)

Vijay Singh/-