Abhishek Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43604 of 2023 Arising Out of PS. Case No.-2773 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ABHISHEK KUMAR SINHA Son of Sri Narendra Sinha Resident of flat No.- 2111, Lal Matti Near Hotel Gopal Kanchghara East, P.S.- Dhamapur, Jabalpur, Madhya Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Ruchi Sinha Wife of Abhishek Sinha D/o Sri Vijay Kumar Singh, R/o P.T.I., Yogipur Near Dr. Shanti Roy Clinic, Kankerbagh, P.S.- Patrakarnagar, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023

1. This is the second time when nobody appears on behalf of the informant.

2. Heard learned counsel for the petitioner and the State.

3. Petitioner apprehends arrest in a case registered for the offence punishable under section 498A of the Indian Penal Code .

4. As per the prosecution case, petitioner along with other family members committed torture to the informant due to non-fulfilment of demand of dowry.

5. Learned counsel for the petitioner while denying

Patna High Court CR. MISC. No.43604 of 2023(3) dt.29-08-2023 2/2 the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the victim with honour and dignity. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class Patna in connection with complaint case 2773 (c) / 2021 (Patna) , subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T