PATNA HIGH COURT
Udgar Yadav
Cr.Misc.-69083/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69083 of 2025 Arising Out of PS. Case No.-399 Year-2024 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ======================================================
Udgar Yadav S/o- Hare Ram Yadav R/O Village - Nehra Yadav Tola,P.S -
Nehra, District - Darbhanga ... ... Petitioner/s Versus
1. The State of Bihar
2. Pinki Devi D/o- Jaldhari Yadav, W/o- Udgar Yadav R/v- Nehra Yadav Tola Ps- Nehra Dist- Darbhanga ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate For the O.P. No.2 : Mr. Ramchandra Singh, Advocate For the State : Mr. Ram Sevak Choudhary, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) and 504 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
3. The case is under Section 498(A) of the I.P.C.
with allegations of subjecting opposite party no.2 to torture on account of non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the allegations levelled in the complaint are not correct and as a matter of fact, the petitioner has always been ready to keep the opposite party no.2 with full dignity and honour while the opposite party no. 2 herself is not ready to reside in the matrimonial house. It has also been submitted that the parties had contracted a love marriage and hence the allegations of torturing with her cruelty on account of non-fulfillment of dowry demand is false and the case arises out of a complaint case.
5. Learned counsel for the opposite party no. 2, however, controverts the submissions made by the learned counsel for the petitioner and rather supports the allegations made in the complaint.
6. At this stage, the petitioner offers to give Rs.6,500/- (Rupees Six thousand Five hundred) per month to opposite party no.2 in the first week of every month since the opposite party no.2 is also along with her child. 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 court below where the case is pending/successor court in connection with C.R. Case No. 399 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., 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 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)
anand/-
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