Advocates:
['Rang Nath Choubey', 'Pushpa Sinha', '', 'Mrigendra Pratap Singh', 'Rupesh Kumar']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64148 of 2019

Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA PS District- Buxar

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SANDEEP KUMAR Son of Late Vijay Kumar Prasad @ Vijay Kumar

Resident of Village - Karisath, P.S.- Udwant Nagar, Distt - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rang Nath Choubey

For the Opposite Party/s :

Mr. H.A. Khan

Mr. Mrigendra Pratap Singh

Mr. Rupesh Kumar

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

9

07-02-2022

Heard learned counsel for the parties through virtual

court proceedings.

The petitioner apprehends his arrest in Buxar (Mahila)

P.S. Case No.34 of 2019, registered for the offences punishable

under Sections 498A, 406, 504, 34 of the Indian Penal Code and

Sections 3/4 of the Dowry Prohibition Act.

The petitioner, who is husband of the informant, is

said to have ousted the informant from her matrimonial home in

association of his family members over the dowry demand.

Learned counsel for the petitioner submits that the

petitioner is innocent and has committed no offence. Petitioner

has neither made any dowry demand nor drove the informant

out of her matrimonial home nor tormented her over the demand

Patna High Court CR. MISC. No.64148 of 2019(9) dt.07-02-2022

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of dowry. He is still ready to keep his wife with full honour and

dignity. The petitioner has relied upon the judgment of this

Court in the case of Md. Naimul Haque Ansari @ Naimul

Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006

(3) PLJR 182. It is also submitted that the petitioner is ready to

pay Rs.5000/- (Rupees Five Thousand) per month to the

informant in the second week of every succeeding month in the

bank account of the informant for her maintenance as per the

details furnished by the learned court below.

In that 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 six

weeks from today, on furnishing bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand) with two sureties of the like

amount each to the satisfaction of the learned Court below

where the case is pending/sucessor court in connection with

Buxar (Mahila) P.S. Case No.34 of 2019, subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure.

It goes without saying that the aforesaid payment shall

be subject to any order being passed in matrimonial

maintenance case or any other collateral proceedings.

Patna High Court CR. MISC. No.64148 of 2019(9) dt.07-02-2022

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It is also made clear that if the petitioner fails to pay

the aforesaid amount on two consecutive months, the informant

shall be at liberty to move before the learned court below for

cancellation of bail bond of the petitioner.

Accordingly, this application stands disposed of.

Sanjay/-

(Anjani Kumar Sharan, J.)

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