Prakash Kumar Singh @ Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11605 of 2024 Arising Out of PS. Case No.-31 Year-2020 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Prakash Kumar Singh @ Bittu Kumar Singh S/O Birendra Singh R/O VillageBal Krishnapur, Ps. Vidyapati Nagar, Distt. Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Kumari D/O Arvind Singh Resident Of Krishnapur Baikuntha, Ps.- Varis Nagar, Distt. Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the parties.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 504, 498(A) of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. Learned counsel for the petitioner submits 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

Patna High Court CR. MISC. No.11605 of 2024(4) dt.13-09-2024 2/3 the demand of dowry. He submits that no marriage between the petitioner and informant has been solemnized as alleged in the F.I.R. The petitioner has no criminal antecedent as mentioned in para 3 of this application and the petitioner has been languishing in custody since 20.11.2023.

5. In that view of the matter, let the above named petitioner, be released on bail 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 Vidyapati Nagar P.S. Case No. 31 of 2020.

6. Petitioner is ready to pay Rs.4,000/- (Rupees Four Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. 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.

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite

Patna High Court CR. MISC. No.11605 of 2024(4) dt.13-09-2024 3/3 party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

9. 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.

10. Accordingly, this application stands disposed of.

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