Abhishek Kumar Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31115 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- DESARI District- Vaishali ====================================================== Abhishek Kumar Chandan S/O Late Paras Nath Singh R/O Village-Kurba, P.S.-desari @ Desri (chandpura O.P.), District-Vaishali. At Present R/O H. No.-210/a, S/F B/S, H-Block, Gali No.-9, Kh. No.-55/12, Raj Nagar-II, Bagdola, South-West, P.S.-Palam, District-Dwarka ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pooja Kumari W/o Abhishek Kumar Chandan R/o Village-Kurba, P.S.- Desari @ Desri (Chandpura O.P.), District-Vaishali. Parental AddressVillage-Shmbhupur Koari, P.o.-Asoi, P.S.-Sarai, District-Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP For the Informant :

Mr. Awadhesh Kumar Singh, Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner, informant, learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504 and 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The accusation is of making assault for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the informant but the informant herself does not want to live

Patna High Court CR. MISC. No.31115 of 2022(3) dt.13-12-2022 2/3 with the petitioner.

Learned counsel appearing on behalf of the informant has submitted that petitioner is in habit of making assault with the informant. Hence, out of fear of life, she does not want to live with the petitioner.

In the alternative, the petitioner is ready to make payment of Rs.10,000/- per month to the informant by depositing the same in her bank account by 1st week of every month.

The petitioner undertakes that he shall pay the monthly payment of Rs. 10,000/- of this month i.e. December, 2022 to the informant before filing of the bail bonds and from January, 2023, he shall continue making payment of Rs. 10,000/- per month by 1st week of every month in the bank account of the informant.

The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant 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

Patna High Court CR. MISC. No.31115 of 2022(3) dt.13-12-2022 3/3 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 ACJM, Vaishali at Hajipur in connection with Desari @ Desri (Chandpura O.P.) P.S. Case No. 67 of 2022, 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. 10,000/- by the petitioner in the account of the informant. The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T