Amit Kumar Singh @ Nikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34533 of 2024 Arising Out of PS. Case No.-732 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Amit Kumar Singh @ Nikki Son of Dr. Sipahi Singh Resident of 14 Baroda Charan Bhattacharji Lane, P.S- Howrah , Dist- West Bengal ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Kiran Kumari @ Sangeeta Singh Wife of Amit Kumar Singh @ Nikki and Daughter of Jagdish Singh Resident of Near Milaap Hotel, P. P. Road Buxar, P.S- Buxar Town, Dist- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parijat Saurav, Adv For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant/Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 732 ©/ 2023, registered for the offences punishable under Sections 323, 406, 498A, 354, 504 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act while cognizance has been taken under Sections 323, 498A of the IPC and under Section 3/4 of the Dowry Prohibition Act
3. The allegation, as per complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the
Patna High Court CR. MISC. No.34533 of 2024(3) dt.28-05-2024 2/3 petitioner on 21.04.2022 and after sometime, the petitioner and his family members started demanding Maruti Car as dowry and due to non-fulfillment of the said demand, they tortured the Opposite Party No. 2 physically as well as mentally and ultimately ousted her from her matrimonial home.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 7000/- per month to the Opposite Party No. 2 as 'living cost', subject to the final outcome of the present case as well as the matrimonial case, if any, pending or decided between the parties.
5. Learned counsel for the informant/Opposite Party No. 2 accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 7000/- per month in the bank account of the informant/Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within fifteen days from today.
Patna High Court CR. MISC. No.34533 of 2024(3) dt.28-05-2024 3/3
6. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, I am inclined to grant the petitioner the privilege of anticipatory bail.
7. Accordingly, let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Buxar/court concerned, in connection with Complaint Case No. 732 (C) of 2023 subject to the condition as laid down under Section 438(2) CrPC with a further a further condition that the petitioner shall deposit a sum of Rs. 7000/- per month in the bank account of Opposite Party No. 2 positively commencing from 07th June, 2024. (Anil Kumar Sinha, J) perwez U T