Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21395 of 2019 Arising Out of PS. Case No.-1128 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ashok Kumar, Son of Baidhnath Singh, Resident of Village - Baidhnathpur Khanpur, P.S.- Ahiyapur, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Asha Devi , D/o Kapildev Prasad, R/o Village Baidh Nathpur @ Khanpur, P. S. Aahiyapur, P. O. Mirjapur, District Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Naresh Singh For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 This is an application for grant of anticipatory bail in connection with Ahiyapur P. S. Case No. 1128 of 2018, disclosing offences under Section 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

As per F.I.R. there is allegation against the petitioner, who happens to be the husband of the opposite party no.2 of demand and torture.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is still ready to keep her with dignity and care.

On appearance of the opposite party no.2 the matter was sent to Patna High Court Mediation and Reconciliation Center, but mediation failed.

Patna High Court CR. MISC. No.21395 of 2019(6) dt.22-11-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has submitted that she is not ready to reside with the petitioner and mediator report also disclosed that the dispute could not be resolved between them. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M. Muzaffarpur, in connection with Ahiyapur P. S. Case No. 1128 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T