Allowed

Rakesh Vishwakarma @ Mukesh Sharma @ Rakesh Viswakarma @ Rakesh Kumar Vishwakarma v. The State of Bihar

Patna HC4 May 2023CR. MISC./2171/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to the petitioner in a case involving dowry allegations under IPC. The court directed monthly maintenance payments and issuance of notice for bank details. The matter was disposed of with bail conditions. The case was registered under Section 34 Cr.P.C.

What did the court decide?

Petitioner released on bail subject to furnishing bond, providing maintenance of Rs.3,000/month, and adhering to Cr.P.C. 438(2) conditions.

Rakesh Vishwakarma @ Mukesh Sharma @ Rakesh Viswakarma @… — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2171 of 2023

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Arising Out of PS. Case No.-362 Year-2022 Thana- SIWAN COMPLAINT CASE DistrictSiwan

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====================================================== Rakesh Vishwakarma @ Mukesh Sharma @ Rakesh Viswakarma @ Rakesh Kumar Vishwakarma S/O Chote Lal Sharma Resident Of Village- Karjaniya, P.O.- Badgaon, P.S.- Mairwa, District- Siwan.

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Dubey : Mr. Shashank Kashyap : Mr. Bambam Kumar For the Opposite Party/s : Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 04-05-2023 Heard the parties.

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The petitioner apprehends his arrest in a case registered under sections 498(A), 323, 406, 504 and 506/34 of the Indian Penal Code.

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The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

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It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion

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Patna High Court CR. MISC. No.2171 of 2023(2) dt.04-05-2023 2/3

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and grudge. There is general and omnibus allegation against the petitioner. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

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Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.

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In view of the matter, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Complaint Case No. 362/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.

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Patna High Court CR. MISC. No.2171 of 2023(2) dt.04-05-2023 3/3

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It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

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Learned court below is directed to issue notice to complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

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If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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ajay/-

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U T

Rakesh Vishwakarma @ Mukesh Sharma @ Rakesh Viswakarma @ Rakesh Kumar Vishwakarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Vishwakarma @ Mukesh Sharma @ Rakesh Viswakarma @ Rakesh Kumar Vishwakarma v. The State of Bihar

Case brief

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What did the court decide?

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