MRITUNJAY KUMAR RAY @ MIRTUNJAY ROY v. THE STATE OF BIHAR

THE STATE OF BIHAR SNEHA KUMARI WIFE OF MRITUNJAY KUMAR RAY @ MIRTUNJAY ROY D/O- LATE DINESH SINGH R/O- VILLAGE- KANAN, P.S.- DISTT.- JAMUI ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : : For the State For Opposite Party No.2 : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr. Manoj Kumar Jha, Advocate Mr. Ganesh Prasad Singh, APP Mr. Pankaj Kumar Sinha, Advocate 5 10-02-2025 Heard learned counsels for the parties.

2. The petitioner, husband of 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 and Section 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.

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.49734 of 2024(5) dt.10-02-2025 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.

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.

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., Jamui in connection with Complaint Case No. 800(c) 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.49734 of 2024(5) dt.10-02-2025 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.

(Prabhat Kumar Singh, J) shashank/- U T