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2025 DAILYLAW 22384 (PAT)

Dharam Sah v. The State of Bihar

CR. MISC./12120/2025 · 2025-07-15

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12120 of 2025 Arising Out of PS. Case No.-40 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== Dharam Sah S/o- Late Ramayan Sah @ Ramayan Shah Resident of Village - Purani Bazar, Paschim Tola, P.S. - Barharia, District - Siwan ... ... Petitioner/s Versus 1. The State of Bihar 2. Rinki Kumari W/o- Dharam Sah, D/o- Krishna Sah Village- Ragadganj Po- Maharajganj Ps- Daraunda Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Bijay Prakash Singh, Advocate For the State : Mr. Prem Kumar Jha, APP For Opposite Party No. 2: Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 15-07-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2. 2. The petitioner, husband of the informant/Opposite Party No. 2, apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 3. Earlier, vide order dated 14.05.2025, the matter was referred to Mediation and Conciliation Centre, Patna High Court. From perusal of mediator’s report dated 10.07.2025 it is apparent that despite best efforts, the dispute between the parties Patna High Court CR. MISC. No.12120 of 2025(4) dt.15-07-2025 2/3 could not be resolved through the process of mediation. 4. As per prosecution case, marriage of informant/Opposite Party No. 2 was solemnized with this petitioner and thereafter, all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, the informant/Opposite Party No. 2 was subjected to cruelty and harassment. 5. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the F.I.R.. He never committed torture to informant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the informant/Opposite Party No. 2. Petitioner claims clean antecedents. 6. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 7. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month Patna High Court CR. MISC. No.12120 of 2025(4) dt.15-07-2025 3/3 to informant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Mahila P.S. Case No. 40 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions: “(A.) Informant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (B.) Petitioner would deposit the aforesaid aforesaid amount per month in the saving bank account of the informant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.” shashank/- (Prabhat Kumar Singh, J) U T