Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21366 of 2023 Arising Out of PS. Case No.-713 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== Abhishek Singh S/O Ram Naresh Singh Resident Of Village- Jai Parakash Nagar, Bheria Rahiak, P.S.- Katihar Sahayk, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rima Singh W/O Abhishek Singh Resident Of Village- Jai Parakash Nagar, Bheria Rahiak, P.S.- Katihar Sahayk, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the parties.

Learned counsel for the opposite party no. 2 has filed the counter affidavit today in the court.

Let it be kept on record.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 354B, 504, 506, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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.21366 of 2023(3) dt.03-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. He submits that the informant is getting Rs. 10,000/- per month as per maintenance amount in compliance of the order passed by Calcutta High Court. This fact has not been denied by the learned counsel for the opposite party no. 2. Learned counsel for the petitioner lastly submits that petitioner has one criminal antecedent as stated in para-3 of the bail application. However, learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the petitioner has solemnized the second marriage.

In that view of the matter, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Katihar Town Sahayak P.S. Case No. 713 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.21366 of 2023(3) dt.03-07-2023 3/3 make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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