Gagan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13013 of 2023 Arising Out of PS. Case No.-674 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== GAGAN KUMAR SINGH S/O YOGENDRA PRASAD SINGH Resident of Village- Malhnma Baht Simar, P.S.- Rajnagar, District- Madhubani, Bihar, Presently residing at C/o- Shashi Bhushan Gupta, South Mandiri, P.O.- General Post Office (GPO), P.S.- Buddha Colony, Pin Code- 800001 ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

KIRAN KUMAR W/O GANGAN KUMAR SINGH Resident of VillageMalhnma Baht Simar, P.S.- Rajnagar, District- Madhubani, Bihar, Presently residing at d/o Ramchandra singh, Village- Hathiyahi, Ward No.- 3, P.S.- Khajauli, District- Madhubani.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Mr. Devashish Giri, Advocate For the O.P. No.2 : Mr. Gagandeo Yadav, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 498A, 307, 386, 379, 313 & 504/34 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. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.13013 of 2023(4) dt.28-07-2023 2/3 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. 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.

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 CR Case No.674 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. Petitioner is ready to pay Rs.5,000.00 (Rupees Five 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

Patna High Court CR. MISC. No.13013 of 2023(4) dt.28-07-2023 3/3 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 party no.2 in 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) Trivedi/- U T