Abhishek v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30475 of 2020 Arising Out of PS. Case No.-411 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ABHISHEK Son of Harichandra Singh Resident of Village - Pipra, P.S. - Jitna, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari Wife of Abhishek and daughter of Awadh Kishor Singh Residing at Village - Gawandri, P.S, - Kesariya, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Asif Kalim, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2021 Heard both sides.

The petitioner apprehends his arrest in Trial No.2544 of 2019 arising out of Complaint Case No.411 of 2019 registered under Section 498A of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act. The complainant in sum and substance alleged that the petitioner subjected the complainant to all sorts of torture due to non-fulfillment of additional demand of dowry. Notice was issued to the complainant but the complainant did not appear.

The learned counsel for the petitioner submits that petitioner is ready for settlement of the dispute.

Patna High Court CR. MISC. No.30475 of 2020(4) dt.26-02-2021 2/2 Taking into consideration the facts aforesaid, the petitioner, above named, is directed to surrender before the court below within a period of four weeks and on such, learned court below shall enlarge the petitioner on provisional anticipatory bail for six months on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar at Motihari, District-East Champaran in connection with Trial No.2544 of 2019 arising out of Complaint Case No.411 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall make efforts for resolution of the disputes between the husband and the wife. If the dispute is amicably resolved, the provisional bail granted to the petitioner shall be confirmed. If the dispute between the husband and the wife is not resolved, learned court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of six months. (Prabhat Kumar Jha, J) Saurabh/- U T