IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81130 of 2024 Arising Out of PS. Case No.-3401 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Brijesh Kushwaha S/o Rambriksh kushwaha R/o vill - Utarouli, P.S. - Rewatipur, Distt. - Ghazipur (U.P) ... ... Petitioner/s Versus 1. The State of Bihar 2. Sushila Devi W/o Brijesh Kushwaha R/o vill - Utarouli, P.S. - Rewatipur, Distt.- Ghazipur (U.P.) At present Reside in the House of her father namely Haridwar Kushwaha, R/o vill - Gorsara, P.O. and P.s. - Nuaon, Distt. - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Tribhuwan Narayan, Advocate For the State : Mr. Ramchandra Sahni, APP For Opposite Party No.2 : Ms. Mukul Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 10-02-2025 Heard learned counsels for the parties. 2. The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 341, 323 and 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the complaint petition. He has never committed torture to Patna High Court CR. MISC. No.81130 of 2024(4) dt.10-02-2025 2/3 complainant/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 complainant/Opposite Party No. 2. 5. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/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 complainant/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., Kaimur at Bhabua in connection with Complaint Case No. 3401 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions: “(A.) Complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its Patna High Court CR. MISC. No.81130 of 2024(4) dt.10-02-2025 3/3 communication to the petitioner. (B.) Petitioner would deposit the aforesaid aforesaid amount per month in the saving bank account of the complainant/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