Abhishek Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27471 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Abhishek Mishra Son Of Late Laxuman Mishra Resident Of Village - Kala Pahar, P.S.- Kutumba, Distt.- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Devi W/o Abhishekh Mishra , D/o Vijay Pathak Resident of Village - Kala Pahar, P.s.- Kutumba, Distt.- Aurangabad and at Present Resident of Village - Chaudhary Mohalla, P.O.- and P.s.- and Distt.- Aurangabad.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupa Kumari For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 366(A), 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The accusations are of torture and making assault for non-fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that petitioner is husband of the complainant.
2/4 There is general and omnibus allegation against the petitioner. The petitioner always behaved good with the complainant but it is the complainant who is a quarrelsome lady and does not want to live with the petitioner. The petitioner is still ready to keep the complainant as wife with full dignity and honour. Learned counsel appearing on behalf of the complainant has submitted that torture has been inflicted upon the complainant and in the changed circumstances, the informant is not ready to live with the petitioner. The complainant is residing in her parents' house and she is at the verge of starvation since the petitioner is not maintaining her.
In the alternative, the petitioner is ready to make payment of Rs. 3,000/- as interim maintenance to the complainant before filing of the bail bonds. The petitioner also undertakes to make payment of Rs. 3,000/- per month to the complainant by depositing the same in her bank account from the month
3/4 of November, 2022.
The learned counsel appearing on behalf of the complainant has accepted the offer of the petitioner and undertakes to provide bank account details of the complainant to the petitioner as early as possible. Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Complaint Case No. 101 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 3,000/- by the petitioner in the account of the complainant.
4/4 The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.
(Sunil Kumar Panwar, J) Shageer/- U T