IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48139 of 2019
Arising Out of PS. Case No.-57 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)

Manish Kumar, Son of Achhaiber Ram Resident of Village-Janardanpur, P.S-
Durgawati, District-Kaimur at Bhabua.

… … Petitioner/s
Versus
1. The State of Bihar
2. Seema Devi, Wife of Manish Kumar, D/o Ram Bilash Ram, Resident of
Village-Janardanpur, P.S.-Durgawati, District-Kaimur at Bhabua, at present
reside at village Mishrapur, P.S.-Durgawati, District-Kaimur at Bhabua.

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan
For the Opposite Party/s : Mrs .Renu Kumari

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER

6 20-11-2019 Heard learned counsels for the petitioner, complainant

and the State.

The petitioner, being the husband of the complainant is

apprehending arrest in a complaint case wherein process has

been directed to be issued after cognizance being taken for the

offences punishable under Sections 498A of the IPC and Section

4 of the Dowry Prohibition Act.

The prosecution case is that due to non-fulfillment of

further dowry demand of Rs. 2 lacs, the informant was tortured

and driven out from her matrimonial house by the petitioner and

other in-law family members.

It is submitted by learned counsel for the petitioner that the
Patna High Court CR. MISC. No.48139 of 2019(6) dt.20-11-2019
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petitioner admits his marriage with the informant. However,

since the complainant had illicit relationship with someone else,

hence the petitioner filed Matrimonial suit No. 164 of 2008 with

a prayer for divorce and about six months thereafter the present

complaint case was filed on 09.01.2009 by the complainant.

However, the petitioner is making payment of Rs. 1,200/- per

month as maintenance pendente lite to the complainant on the

petition filed by the complainant under Section 24 of the Hindu

Marriage Act, hence the accusation under Section 498A IPC

appears to be as a retaliatory measure.

Learned counsel for the complainant submits that the

complainant is still ready to resume the conjugal life. However,

he does not controvert the fact that the matrimonial suit was

filed at earlier point of time.

Considering the fact that matrimonial suit was filed at

earlier point of time and he is making payment of maintenance

pendente lite to the tune of Rs. 1,200/- per month, let the above

named petitioner be released on anticipatory bail in the event of

arrest/surrender before the learned Court below within a period

of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- with two sureties of like amount each to the satisfaction

of learned SDJM, Kaimur, Bhabua in connection with Complaint
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Case No. 57 of 2019, subject to the condition as laid down

under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J)
Amrendra/-

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