Abhishek Kumar Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1625 of 2019 Arising Out of PS. Case No.-565 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Abhishek Kumar Singh son of Vibhuti Singh, Village-Sakri, p.s- Kudra, DistKaimur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kumari Arti W/o Abhishek Kumar singh, Village- Sakri, P.S- Kudra, distKaimur. at present residing at Mohalla- Fazalgang, P.S- Sasaram ( Model) , Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kishore For the Opposite Party/s :

Mr.Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 565 of 2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife-opposite party no.2 with cruelty and harassment with respect to demand of Rs.2,50,000/-.

Submission of learned counsel for the petitioner is that the complainant/opposite party no.2 has illicit relation with other person and for that the petitioner has filed a divorce case being Matrimonial Case No.202 of 2017.

Heard learned A.P.P. as well as learned counsel for opposite party no.2, who opposed the prayer for anticipatory bail

Patna High Court CR. MISC. No.1625 of 2019(3) dt.07-03-2019 2/2 of the petitioner on the ground that the divorce case has been filed after filing of the complaint petition and the petitioner is not paying any maintenance to the opposite party no.2. Having heard both sides, in view of the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks and on surrender he will be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rohtas at Sasaram, in connection with Complaint Case No. 565 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition that if any order passed on maintenance in this case of interim maintenance or final maintenance, the petitioner has to pay the same to the opposite party no.2, otherwise the complainant/opposite party no.2 will be at liberty to move for cancellation of the bail bonds of the petitioner before the learned court below itself. (Vinod Kumar Sinha, J) Amjad/- U T