Appu Kumar @ Appu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17128 of 2025 Arising Out of PS. Case No.-316 Year-2024 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Appu Kumar @ Appu Kumar Singh Son of Ashok Kumar Singh @ Ashok Singh Resident of Village- Banwar Ke Tola Soniya, P.S.- Daudpur, District - Saran at Chapra ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mithileshwar Singh Son of Late Chandradeo Singh Resident of Village Lavkushpur, P.S.- Chapra Mufassil, District-Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dewendra Narayan Singh, Advocate For the State :
Md. Nazir Ansari, APP For Opposite Party No.2 :
Mr. Padmanabh Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2025 Heard learned counsel appearing on behalf of the petitioner, learned A.P.P. appearing on behalf of the State and learned counsel appearing on behalf of Opposite Party No. 2.
2. Earlier, the matter was referred to Mediation and Conciliation Centre, Patna High Court vide order dated 07.04.2025. However, from perusal of Mediator's Report dated 23.06.2025 it transpires that dispute between the parties could not be settled through the process of mediation.
3. The petitioner, husband of the daughter of complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under
2/4 Sections 312, 323, 379 and 498A of the Indian Penal Code.
4. As per prosecution case, marriage of daughter of informant was solemnized with this petitioner on 13.12.2022 as per Hindu rites and rituals. It is alleged that thereafter, all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, daughter of complainant was subjected to cruelty and harassment.
5. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the F.I.R.. He never committed torture upon daughter of complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the daughter of complainant/Opposite Party No. 2. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
7. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary
3/4 relief/solace of Rs. 3,000/- (three thousand rupees) per month to the daughter of complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged 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 Judicial Magistrate, 1st Class, Saran at Chapra in connection with Complaint Case No. 316 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S. with further following conditions:
"(A.) The daughter of complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (B.) Petitioner would deposit the aforesaid aforesaid amount per month in the saving bank account of the daughter of complainant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way,
4/4 will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T