Abhishek Kumar @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3460 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== ABHISHEK KUMAR @ KUNAL KUMAR Son of Ranjeet Singh @ Ranjeet Kumar R/V- Bajitpur P.S- Harnaut (Gokhulpur O.P) dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari Daughter of Late Sunil Singh R/V- Hadiya, P.s- Nardiganj, Dist- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP Mr.Vaishnavi Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered u/s 341, 323, 498(A), 504, 506/34 of the IPC and sections 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been

Patna High Court CR. MISC. No.3460 of 2023(2) dt.27-03-2023 2/3 falsely implicated in the present case due to grudge. The marriage of the petitioner and the informant has been solemnized forcefully after abducting the petitioner. It is submitted that petitioner and informant has never lived together, so no allegation of dowry demand can be levelled 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.

It is submitted by learned counsel for the informant that the informant-wife of the petitioner is ready and willing to reside with the petitioner, provided, she is not tortured. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Nardiganj No.117/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.3460 of 2023(2) dt.27-03-2023 3/3 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.

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