IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7128 of 2021

Arising Out of PS. Case No.-125 Year-2019 Thana- GAYA COMPLAINT CASE District-

Gaya

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YOGENDRA PRAJAPAT @ YOGENDRA PRAJAPATI S/O BODHO PRA-

JAPATI R/O VILLAGE- PACHMAHLA, P.S.- JORI, DISTRICT- CHATRA

(JHARKHAND)

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR

2.

PRATIMA DEVI W/O YOGENDRA PRAJAPAT @ YOGENDRA PRA-

JAPATI, D/O SULENDRA PRAJAPAT R/O VILL.- DEVANIYAN, P.S.-

BARACHATTI, DIST.- GAYA

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Arvind Kumar Singh

For the Opposite Party/s

:

Mr. APP

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

4

30-03-2022

Heard learned counsel for the petitioner and learned

APP for the State.

The instant application for anticipatory bail has been

filed by the petitioner apprehending his arrest in connection with

Complaint Case no. 125 of 2019 instituted for the offence under

Sections 498A and 427 of the Indian Penal Code and Section 4 of

the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfimment of

dowry demand of Rs. One lakh, petitioner along with other family

members started to abuse and torture her mentally and physically.

It is submitted by learned counsel for the petitioner that

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petitioner is husband of the informant and he is ready to keep the

informant as wife with full dignity and honour.

The aforesaid offer of the petitioner has not been

accepted by the informant who denies to go to her matrimonial

house and live with her husband. However, she prays for some

maintenance for her survival as she is a housewife and she is not

able to maintain herself .

In the alternative, learned counsel appearing on behalf

of the petitioner, on instructions, submits that petitioner is ready

to give six thousand per month from this month, subject to

furnishing bank account number by the informant to the

petitioner.

In the changed circumstance, learned counsel for the

informant admits that he shall provide bank account number of

the informant to the petitioner within a period of one week from

today. On receipt of the bank account number of the informant,

the petitioner shall deposit Rs. 6,000/- (Six Thousand) in first

week of every month commencing from April as maintenance in

the account furnished by the informant.

Having heard learned counsel for the parties and

considering the submissions made on behalf of the petitioner, this

Court is inclined to enlarge him on bail. The petitioner, above

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named, in the event of his arrest or surrender before learned Court

below within a period of four weeks from today, shall be released

on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten

Thousands) with two sureties of the like amount each to the

satisfaction of learned SDJM, Sherghati, Gaya in connection with

Complaint Case No. 125 of 2019, subject to the conditions as laid

down under section 438(2) of the Cr.P.C.

The aforesaid payment will be subject to any order

passed in the maintenance case for final settlement.

sushma/-

(Sunil Kumar Panwar, J)

U