Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11632 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- MAHILA P.S. District- Bhojpur ====================================================== ABHAY KUMAR SINGH Son of Uma Shankar Singh Resident of Mohalla - Anand Nagar, P.S.- Ara Nagar, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Manisha Kumari Wife of Abhay Kumar Singh Daughter of Lalan Prasad, Resident of Mohalla Khetari Mohalla (Charkhambha Gali, Behind Jail), P.S.- Ara Nagar, District - Bhojpur.

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the State :

Mr. Anand Kishore Choudhary, APP For O.P. No.2 :

Mr. Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the parties.

Petitioner apprehends his arrest in connection with Bhojpur Mahila P.S. Case No.82 of 2022, registered for the offences punishable under Sections 341, 323, 504, 506, 354(A), 498(A) and 34 of the Indian Penal Code as well as Sections 3/4 of the Dowry Prohibition Act.

Petitioner and O.P. No.2 are physically present before this Court.

Learned counsel for the petitioner submits that petitioner is ready to keep his wife with full honour and dignity. Learned counsel appearing on behalf of O.P. No.2 submits that O.P. No.2 is also ready to reside with the petitioner.

Patna High Court CR. MISC. No.11632 of 2023(4) dt.16-05-2023 2/2 Considering the submissions of the parties, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on provisional bail for a period of three months on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No.82 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to file an affidavit duly sworn by O.P. No.2 before the learned court below after three months stating therein that they (petitioner and O.P. No.2) are living together.

The learned court below shall confirm the provisional bail of the petitioner after verifying the fact that petitioner and O.P. No.2 are residing together.

It is made clear that the petitioner shall bring his wife back to her matrimonial home from this Court. (Anjani Kumar Sharan, J) S.KUMAR/- U T