Anil Kumar Vishwakarma @ Anil Vishwakarma v. The State of Bihar
CR. MISC./6047/2025 · 2025-02-27
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9856 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9856 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6047 of 2025 Arising Out of PS. Case No.-991 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Anil Kumar Vishwakarma @ Anil Vishwakarma S/O Late Yugeshwar Prasad Sharma R/O vill. - Dalla Bari Daua, P.S- Chopan, Dist.- Sohbadra, (U.P) ... ... Petitioner/s Versus
1. The State of Bihar
2. Anita Kumari Wife of Anil Vishwakarma Resident of Village Naur, P.S. Nabinagar District Aurangabad (Bihar), at present residing at D/o Ram Naresh Misty resident of Village Bela khaira, P.S. Mali District Aurangabad (Bihar). ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Pronoti Singh, APP For Opposite Party No.2 : Mr. Pramendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 27-02-2025 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 Section 498A of the Indian Penal Code. 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. As a matter of fact, he never committed torture to complainant/Opposite Party No. 2 or
Patna High Court CR. MISC. No.6047 of 2025(2) dt.27-02-2025 2/3 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. Petitioner claims clean antecedents. 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 C.J.M., Aurangabad, Bihar in connection with Aurangabad Complaint Case No. 991C of 2023, subject to condition as laid down under Section 482 of the B.N.S.S. 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.6047 of 2025(2) dt.27-02-2025 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