Akash Kumar @ Akash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43885 of 2023 Arising Out of PS. Case No.-2561 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Akash Kumar @ Akash Singh S/O Vikash Kumar Singh R/O VillageSherpur, Ps. Chakia, Dist. East Champaran, Presently Residing At Ispat Pally, Ps. B Zone, Durgapur, Eastbarddhaman, Dist. Durgapur, West Bengal ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nisha Kumari W/o Akash Kumar R/o vill - Sherpur, P.S. - Chakia, Distt. - East Champaran, Presently residing at Vill - Bediban Madhuban, P.S. - Pipra, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajnish Shandilya For the Opposite Party/s :

Mr. Jitendra Kumar Singh Mr. Patanjali Rishi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.43885 of 2023(4) dt.08-02-2024 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. There is no allegation of tampering the evidences against the petitioner. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 2561 of 2017 subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

6. Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.43885 of 2023(4) dt.08-02-2024 3/3

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. Accordingly, this application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U T