Ravi Shankar Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

Ravi Shankar Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Application disposed of by directing release of the petitioner on bail in the event of his arrest or surrender within six weeks, on bail bond of Rs.25,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and payment of Rs.3,000 per month to the complainant, with liberty to seek cancellation of bail bond on two-month default and optional mediation referral.

Issue for consideration

Whether the petitioner, who apprehends arrest in Saharsa Complaint Case No. 7 of 2020 registered for offences under Section 498(A) IPC and Sections 3/4 of the D.P. Act (alleged dowry demand and assault of the complainant-wife), should be released on bail in the event of his arrest or surrender.

Court's answer

Petitioner to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs.25,000 with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

As a condition attached to the bail order, the petitioner is to pay Rs.3,000 per month to the complainant in the second week of every month.

Key takeaways

If the petitioner fails to pay the stipulated amount for two consecutive months, the complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.ratio¶24
The monthly payment directed under the bail order is subject to any order passed in a matrimonial maintenance case or any other collateral proceedings.obiter¶25
Complainant's counsel is to furnish the complainant's bank account details in the learned Court below; failing which the monthly amount will be deposited in the Court below and released in her favour once the details are furnished.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 20486 of 2024 (Anjani Kumar Sharan, J.), order dated 19-11-2024: Ravi Shankar Kumar, husband apprehending arrest in Complaint Case No. 7 of 2020, Thana Saharsa, District Saharsa, registered for offences under Section 498(A) IPC and Sections 3/4 of the D.P. Act on allegations of post-marital abuse and dowry demand by complainant-wife Kanchan Kumari, ordered to be released on bail in the event of arrest or surrender within six weeks on bail bond of Rs.25,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions. Bail conditioned on payment of Rs.3,000 per month to the complainant; failure in two consecutive months permits her to seek cancellation of the bail bond. Payments subject to any matrimonial maintenance or collateral orders; bank account details to be furnished by complainant's counsel; parties left at liberty to seek District Mediation Center referral for reconciliation or one-time settlement. Application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20486 of 2024

Arising Out of PS. Case No.-7 Year-2020 Thana- SAHARSA COMPLAINT CASE DistrictSaharsa

======================================================

Ravi Shankar Kumar Son of Mithilesh Thakur @ Mithlesh Thakur Resident of Village- Dehad, P.S.- Sonbarsa Raj, District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

Kanchan Kumari D/o Mukhlal Thakur, Wife of Ravi Shankar Kumar Resident of Village- Rupauli, P.S. Jankinagar, District- Purnea

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the State : Mr. Ram Sevak Choudhary, APP For the Complainant : Mr. Amrit Abhijat, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

6 19-11-2024

Heard learned counsel for the petitioner, learned APP for

the State and learned counsel for the complainant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the IPC and 3/4 of the D.P. Act.

As per prosecution case, the petitioner got married with complainant. After some months of marriages, the petitioner started abusing and assaulting her after drinking. It is further alleged that the petitioner and his family members demanded dowry and on refusal they tortured her.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.20486 of 2024(6) dt.19-11-2024 2/3

offence. Petitioner has neither made any dowry demand nor tormented her over the demand of dowry. The petitioner has been living outside Bihar for livlihood. When he came to know about this case, he tried to pacify the matter but he came to know that she has married someone. He is still ready to keep her with full honour and dignity. 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 .

In that 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 connection with Complaint Case No. 7 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to

Patna High Court CR. MISC. No.20486 of 2024(6) dt.19-11-2024 3/3

move before the learned Court below for cancelling the bail bond of the petitioner.

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

Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. 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.

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

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J)

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