Patna High Court – Orders
Rakesh Kumar vs The State Of Bihar on 11 June, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11848 of 2025
Arising Out of PS. Case No.-347 Year-2024 Thana- SIWAN MUFFASIL District- Siwan
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Rakesh Kumar S/O Shivjee Prasad Resident Of Village- Konhwa, P.S.-
Gopalganj, Dist.- Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Sandhya Kumari W/O Rakesh Kumar, D/O Chandrama Singh R/at Vill.-
Mahuari Purab Tola, P.S.-Siwan Muffasil, Dist.- Siwan.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, App.
For the Informant : Mr. Manoj Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 11-06-2025
1. Heard learned Counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Siwan Muffasil P.S. Case No. 347 of 2024, registered for
the offences punishable under Sections 341, 323, 504,
506, 498(A) of the Indian Penal Code and Sections 3 and
4 of the Dowry Prohibition Act.
3. As per the prosecution case, O.P. No. 2 solemnized
marriage with the petitioner on 12.06.2022, during which
her family gave Rs. 7 lakh in cash and other gifts worth
Rs. 6 lakh. At the time of vidai, petitioner and his father
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demanded a Scorpio car and Rs. 3 lakh as additional
dowry. Although the vidai proceeded after the
intervention of community members, O.P. No. 2 was later
subjected to physical and mental torture for not fulfilling
the demand. Petitioner allegedly insulted her appearance
and claimed he preferred his sister-in-law. On 28.04.2024
at 10 PM, it is alleged that petitioner and his relatives
attempted to burn her by pouring kerosene on her. She
managed to save herself and was expelled from her
matrimonial home, with her belongings taken away.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of
the petitioner, and in order to maintain harmony in the
family, the petitioner is ready and willing to pay a sum of
Rs. 3,000/- per month to the Opposite Party No. 2 as
living cost, subject to the final outcome of the present
case as well as the matrimonial case, if any, pending
and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No.
2 accepts the offer so made by learned Counsel for the
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petitioner and submits that the petitioner may be directed
to deposit the said amount of Rs. 3,000/- per month in the
bank account of the complainant-Opposite Party No. 2,
details of which shall be furnished by learned Counsel for
the Opposite Party No. 2 to learned Counsel for the
petitioner within ten days from today.
6. After having heard learned Counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Sub Divisional Judicial Magistrate, Siwan, in
connection with Siwan Muffasil P.S. Case No. 347 of
2024
9. This is subject to the condition that the petitioner shall
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deposit a sum of Rs. 3,000/- per month in the bank
account of Opposite Party No. 2, staring from 10th July,
2025.
(Anil Kumar Sinha, J)
HarshPandey/-
U T