Atul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5249 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Atul Kumar Singh Son Of Kamal Singh R/O Mohalla- Kardmeshwar Puram Colony, Chitaipur House No. 519, Tripurari Lane, P.S.- Maduwadih, Dist.- Varanasi U.P.

... ... Petitioner/S

Versus

1.

The State Of Bihar Patna 2.

Swati Singh D/O Nand Kishor Singh R/O Mohalla- Professor Colony, K.G. Road, Ara, P.S.- Ara Nawada, Dist.- Bhojpur At Ara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State..

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the A.D. Act.

3. Petitioner, who is husband of complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. From perusal of FIR it appears that there

Patna High Court CR. MISC. No.5249 of 2024(2) dt.01-02-2024 2/2 is general and omnibus allegation against the petitioner. There is no allegation on petitioner to tampering the evidence. 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. Petitioner has no criminal antecedent.

5. 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 Ara Nawada P.S. Case No. 492 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. 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.

(Anjani Kumar Sharan, J) annpurna/- U T