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2025 DAILYLAW 32709 (PAT)

Shashi Kumar v. The State of Bihar

CR. MISC./21264/2025 · 2025-07-03

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21264 of 2025 Arising Out of PS. Case No.-149 Year-2024 Thana- ALIPUR District- Gaya ====================================================== Shashi Kumar Son of Suresh Singh Resident of village- Akwarpur PO- Maksudpur PS -Alipur District- Gaya ... ... Petitioner/s Versus 1. The State of Bihar 2. Soni Devi Wife of Shashi Kumar Resident of village- Akwarpur PO- Maksudpur PS -Alipur District- Gaya At P/A- Nisarpura, Po- Supi, Ps- kako, Dist- Jehanabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Anil Kumar Saxena, Advocate For the State : Mr. Sanjay Kumar Sharma, APP For Opposite Party No.2 : Mr. Suresh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 03-07-2025 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 Sections 341, 323, 494, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 3. As per prosecution case, marriage of informant/Opposite Party No. 2 was solemnized with this petitioner in the year 2013. It is alleged that thereafter, all Patna High Court CR. MISC. No.21264 of 2025(4) dt.03-07-2025 2/3 the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, the complainant/Opposite Party No. 2 was subjected to cruelty and harassment. 4. 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. 5. 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. 6. 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 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 Patna High Court CR. MISC. No.21264 of 2025(4) dt.03-07-2025 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Gaya in connection with Alipur P.S. Case No. 149 of 2024, 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