Patna High CourtCR. MISC./22968/2024bail granted

Dr. Avinash Kumar @ Avinash Kumar v. The State Of Bihar

2025-01-30Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22968 of 2024 Arising Out of PS. Case No.-8529 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dr. Avinash Kumar @ Avinash Kumar Son of Amarkant Chaudhary Resident of Village- Brahaman tola, Pachpaika, P.S.- Ujiyarpur, Dist.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Patna 2.

Ritu Kumari D/o Late Ranjeet Prasad, Wife of Dr. Avinash Kumar Resident of Mohalla- C/o Ranjeet Prasad, Ganga Bhawan, Jagat Narayan Road, P.S.- Kadamkuan, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, A.P.P.

Mr. Subhesh Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').

2. Heard learned counsel for the petitioner, the State and the opposite party no.2.

3. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 406, 498A, 354(B)(C) 377, 323, 341, 504, 506/34 of the Indian Penal Code and sections 3/4 of the D.P. Act.

4. Prosecution case in brief is that opposite party no.2 was married with the petitioner on 23.2.2018. After marriage, this petitioner along with other accused persons started

Patna High Court CR. MISC. No.22968 of 2024(6) dt.30-01-2025 2/3 demanding dowry and on non-fulfillment of the same they used to assault and torture her.

5. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. as a matter of fact, opposite party no.2 abused petitioner's parents and always created filthy atmosphere in the house. Petitioner had to file Informatory petition no. 961 dated 2023 in the Court of SDJM, Dalsinghsarai, Samastipur. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 5000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

6. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house.

7. In view of the undertaking of learned counsel for the petitioner as well as condition of 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 the Judicial Magistrate 1st class, Patna in Complaint Case No. 8529C/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

Patna High Court CR. MISC. No.22968 of 2024(6) dt.30-01-2025 3/3 (i) 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. (ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.

(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) shashi/- U T