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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49704 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Upendra Ram S/o Harigovind Ram R/o Village- Baknaura, Sundarganj Tola, Post- Baknaura, P.S. and District- Rohtas ... ... Petitioner/s Versus
1. The State of Bihar
2. Rani Devi W/o Upendra Ram, D/o Lakshuman Ram R/o Village- Govindapur, P.S. and District- Rohtas ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwari, Adv For the State : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 9 24-04-2025 Heard learned counsel for the petitioner, learned counsel for the State. 2. Petitioner apprehends his arrest in connection with Complaint Case no. 276 of 2023 registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code. 3. The prosecution case is based upon complaint filed by O.P.No. 2 wherein she has made an allegation that petitioner is having an illicit relationship with sister-in-law (Bhabhi) thus cruel behaviour was meted out to the complainant
4. The petitioner is husband of the O.P.No.2. Learned counsel for the petitioner submits that it would be apparent from
Patna High Court CR. MISC. No.49704 of 2024(9) dt.24-04-2025 2/3 the complaint petition itself, that the complainant had admitted that her gotni had died in the year 2022. She has also stated that she lived peacefully in her sasural for four years
5. It is next submitted by the learned counsel for the petitioner that the said allegation of illicit relationship is also false and as a matter of fact, the complainant herself is not interested in continuing her relationship with the petitioner and has thus deserted him. It is contended on behalf of the petitioner that there is no allegation of demand of dowry made in the complaint petition. 5. Learned APP for the State and learned counsel for the Opposite party no. 2 opposed the bail application on the ground that besides inflicting cruelty upon the complainant, the petitioner has also remarried. 6. At this stage, the learned cousnel for the petitioner makes an offer to pay a sum of Rs. 2000/- per month to the informant, subject to final outcome of any maintenance or collateral proceeding. 7. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner.
Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the
Patna High Court CR. MISC. No.49704 of 2024(9) dt.24-04-2025 3/3 petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Dehri, Rohtas at Sasaram in Complaint Case No.276 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial. 7. Learned cousnel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, If the O.P.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 O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail . N.K/- (Soni Shrivastava, J) U T