Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9309 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Ajit Kumar Singh Son of Arun Kumar Singh R/o Presently Resident of Ward No. 33, Purvi Railway Colony, P.S.- and District- Saharsa, Permanent R/O Vill- Vishanpur, Ward No. 08, P.S.- Patarghat, District- Sahara ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Twinkal Kumari W/O- Ajit Kumar Singh, D/O- Ashutosh Kumar Singh Resident of Vill- Golma, P.S.- Patharghat, District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinkar Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2025 Heard Mr.Dinkar Kumar, learned counsel for the petitioner, learned counsel for the complainant and Mr.Dr. Kumar Uday Pratap, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 326 C of 2024, registered for the offences punishable under Sections 341, 323, 379, 498A, 504, 506/34 of the Indian Penal Code and Section 3/4 of D.P.Act.

3. Allegation against the petitioner and other coaccused persons is of committing torture upon the victim due to non-fulfillment of demand of dowry.

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4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition and he has been made accused in the present case merely on the ground that he is husband of the complainant.

5. Pursuant to the direction of this Court, both the parties are agreed to dissolve the dispute and the petitioner is ready to give Rs. Twenty Lacs to the complainant for one time settlement.

6. Petitioner is ready to pay Rs. Ten Lacs at the time of furnishing bail bond and rest amount of Rs.Ten Lacs shall be paid after disposal of the case under Section 13 (B)of the Hindu Marriage Act.

7. Learned counsel for the complainant has no objection in this regard.

8. In view of the aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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., Saharsa in

3/4 connection with Complaint Case No. 326 C of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of the BNSS,2023 and with other following conditions:- (I) At the time of furnishing bail bond, the petitioner shall deposit Rs.Ten Lacs by way of demand draft in favour of the complainant, namely, Twinkal Kumari and the learned court below is directed to hand over the said demand draft to the complainant or her representative. The rest amount of Rs.Ten Lacs shall be paid by the petitioner to the complainant after disposal of the case under Section 13 (B)of the Hindu Marriage Act. If the petitioner fails to pay rest amount of Rs.Ten Lacs to the complainant after disposal of the case under Section 13 (B)of the Hindu Marriage Act, the complainant shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (III) If the petitioner tampers with the evidence or the

4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T