Amit Kumar Anand v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26536 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Amit Kumar Anand, son of Dharendra Kumar, resdient of Village- Gheam, P.S.- Sakurabad, District- Jahanabad, at present resident of MohallaBajrangpuri, Road No-3, Shahid Bhagat Singh Lane, P.S.- Alamganj, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Baby Sinha wife of Amit Kumar Anand, daughter of Chandradev Sinha, at present residing as resident of Village- Shingriyaban, P.OShingriyaban, P.S.- Shahjahanpur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 17-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of the dowry demand.
The marriage between the petitioner and the informant on 20.06.2014 is admitted.
The petitioner filed Matrimonial Suit No. 5801 of
Patna High Court Cr.Misc. No.26536 of 2015 (3) dt.17-08-2015 2/3 2014 on 22.09.2014 just after three months of the marriage, which was held not maintainable. Thereafter, the petitioner filed Matrimonial Suit No. 682 of 2015 on 16.06.2015 for annulment of the marriage on the ground that the informant has grossly impaired vision. Thereafter the present FIR was lodged on 07.01.2015. An Informatory Petition No. 2880 of 2014 was also filed on 12.09.2014 on behalf of petitioner side apprehending the false implication in case.
The petitioner and the informant are present in the Court.
Counsel for the petitioner further submits that the vision of the informant was grossly impaired prior to the marriage and this fact was concealed whereas the informant has suggested that the vision got impaired after the marriage. In views of the above facts, the reconciliation does not appear to be feasible at present.
However, the petitioner is ready to pay Rs.3,000/- per month from September, 2015 to the informant by depositing the same in her account by second week of every month. Learned counsel for the informant that the informant is ready to accept the offer of the petitioner and undertakes to supply bank account number by filing the same on
Patna High Court Cr.Misc. No.26536 of 2015 (3) dt.17-08-2015 3/3 affidavit before the learned court below within a period of two weeks.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Alamganj P.S. Case No. 08 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The aforementioned payment will be subject to any order passed in matrimonial, maintenance connected proceedings.
Three consecutive defaults in making payment will give liberty to the informant to file application for cancellation of bail of the petitioner.
DKS/ (Dinesh Kumar Singh, J.) U T