Amresh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31666 of 2021 Arising Out of PS. Case No.-20232 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== AMRESH KUMAR SINGH S/O KAMESHWAR SINGH AT PRESENT R/O VILLAGE-JYOTI KUCHI, JAY RAM PATH, HANUMAN MANDIR, P.S.- ADDA GODAM, DISTRICT-GAUHATI (ASSAM). PERMANENT R/O VILLAGE-BANKARWAN, P.S.-PARSA, DISTRICT-CHAPRA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PRITI KUMARI @ GUDIYA W/O AMRESH KUMAR SINGH, D/O LATE LALAN PRASAD SINGH R/O VILLAGE-BANKARWAN, P.S-PARSA, DISTRICT-CHAPRA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered u/s 498A of IPC and section 4 of the Dowry Prohibition Act. Petitioner, who is husband of the informant, is said to have committed torture upon the complainant in association of his family members and ousted her from her matrimonial home. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been

Patna High Court CR. MISC. No.31666 of 2021(4) dt.07-11-2022 2/3 falsely implicated in the present case due to grudge. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent.

In that view of the matter, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Complaint Case No.20232 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Petitioner is ready to pay Rs.10,000/- (Rupees Ten Thousand) per month to opposite party no.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.

It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. Learned court below is directed to issue notice to O.P. No.2 directing her to furnish the bank account details.

Patna High Court CR. MISC. No.31666 of 2021(4) dt.07-11-2022 3/3 It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) pallavi/-divyanshi/- U T