Ashish Kumar @ Ashish Kumar Jha @ Abhisekh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26176 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- KOTWALI District- Patna ====================================================== Ashish Kumar @ Ashish Kumar Jha @ Abhisekh Kumar S/o Girish Chandra Jha R/o- Po Mohalla Flat No. - 206, Maharaja Kameshwar Complex, P.S. - Kotwali, Dist. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Budhilal Yadav, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 496 of 2023 for the offences punishable under Sections 341, 323, 498A and 506 of the Indian Penal Code.
3. There is allegation against the petitioner of matrimonial cruelty and demand of dowry.
4. It is submitted on behalf of the petitioner that the petitioner is the husband of informant and has never assaulted informant nor demanded any dowry. Petitioner is ready to keep his wife with full honour and dignity. It is further submitted that pursuant to the order dated 01.11.2017 passed by Learned Principle Judge, Family Court, Patna in Matrimonial Case No. 317(M) of 2016, the petitioner is paying Rs. 6,000/- (six
Patna High Court CR. MISC. No.26176 of 2024(2) dt.12-08-2024 2/2 thousand) per month as maintenance to informant and Rs. 2,000/- (two thousand) each towards maintenance of minor child (total Rs. 11,000/- per month) and petitioner undertakes to pay the same regularly.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Considering the fact that petitioner is paying Rs. 6,000/- (six thousand) per month as maintenance to informant and Rs. 2,000/- (two thousand) each towards maintenance of minor child (total Rs. 11,000/- per month) and undertakes to pay the same regularly, the prayer for anticipatory bail of petitioner is allowed.
7. Accordingly, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 496 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T