← Library
Patna High CourtCR. MISC./13235/2023dismissed

Abhishek Kumar Singh @ Abhishek Kumar v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13235 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== ABHISHEK KUMAR SINGH @ ABHISHEK KUMAR Son of Amrendra Singh @ Amresh Kumar R/o Mohalla- Sidharthpuri Colony Road No. 1, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

SIMPI KUMARI Wife of Abhishek Kumar Singh @ Abhishek Kumar R/o Mohalla- Sidharthpuri Colony, Road No. 1, P.S.- Muffasil, District- Gaya, At present residing at Village- Anjan, P.S.- Madanpur, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh Mr. Ranjan Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard the parties.

2.

The O.P. No.2 is present in the Court but the petitioner has not appeared.

3.

The petitioner apprehends his arrest in connection with Gaya Muffasil P.S. Case No.387 of 2022, registered for the offence punishable under Sections 498A, 308, 323, 341/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. 4.

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.

Patna High Court CR. MISC. No.13235 of 2023(4) dt.21-07-2023 2/2 5.

It is submitted by learned counsel for the petitioner 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 the demand of dowry. He further submits that the petitioner is not ready to keep his wife/O.P. No.2 with himself. Petitioner has no criminal antecedent.

6.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail. 7.

Having regard to the facts and circumstances of the case as the petitioner is not ready to keep the O.P. No.2 with him, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 8.

This application is, accordingly, dismissed.

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