Dr. Ashok Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36805 of 2024 Arising Out of PS. Case No.-3908 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dr. Ashok Sinha Son of Dr. Arun Sinha R/O Molalla- House no. 308/262, Malancha road, Ward no. 16, P.O.and P.S.- Kharagpur, Dist.- West Mednipur, State- West Bengal. At present posted Medical Officer (aush) primary helth center Bharno, P.S.- Bharno, Dist.- Gumala, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Nisha W/O Dr. Ashok Sinha D/O Sri Ganauri Prasad R/O Village/ Mohall- Bahula Nagar South Ram Krishna Nagar, P.S.- Ram Krishna Nagar, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramji Kumar For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 3908 ( C ) of 2022, registered for the offences punishable under Sections 498-A, 34 of the Indian Penal Code and Sections 4 of the Dowry Prohibition Act.

3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 30.11.2019 and at the time of marriage, jwellery and Rs. 12,00,000/- were given by the father of the complainant to the petitioner through bank account. After some time of marriage, the everyone in her

Patna High Court CR. MISC. No.36805 of 2024(4) dt.25-09-2024 2/3 matrimonial home started harassing the complainant and demanded Rs. 3,00,000/- and a four wheeler as dowry. Due to non-fulfillment of the said demand, the complainant was ousted from her matrimonial home.

4. Learned Counsel for the petitioner submits that petitioner is the husband and has falsely been implicated in the present case based on false, fabricated and concocted story. 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. 5,000/- 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 and/or decided between the parties.

5. Learned Counsel for the complainant-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. 5,000/- per month in the bank account of the complainant-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 ten days from today.

Patna High Court CR. MISC. No.36805 of 2024(4) dt.25-09-2024 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 privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. 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 Sub Divisional Judicial Magistrate, Patna, in connection with Complaint Case No. 3908 ( C ) of 2022

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2, staring from 10th October, 2024.

(Anil Kumar Sinha, J) HarshPandey/- U T