Abhishek Kumar @ Abhishek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42314 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Abhishek Kumar @ Abhishek Yadav Son Of Chandradeep Yadav R/OVillage- Jolah Bigha, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabita Kumari W/O- Abhileshyadav R/O- Village- Jolah Bigha, P.S.- Khizersarai, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Adv For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025 The petitioner and Opposite party no. 2 are present along with their counsels.

2. Petitioner apprehends his arrest in connection with Khizersarai. P.S Case No. 229 of 2023 registered for the offences punishable under sections 341, 323, 379, 498A/34 of the Indian Penal Code.

3. The petitioner is husband of O.P. No. 2. After a brief interaction between the parties, it appears that no settlement can be arrived between them at this stage. The informant has made allegations of demand of dowry and torture in the FIR.

4. Learned counsel for the petitioner submits that the allegations made in the FIR is not correct and as a matter of fact,

Patna High Court CR. MISC. No.42314 of 2024(9) dt.05-05-2025 2/3 the petitioner never indulged in any kind of demand of dowry and torture and it is rather the informant, who is creates disturbance in the family, owing to her temperament.

5. The present application is opposed by the learned counsel appearing for the O.P.No.2, who supports the allegations made in the FIR.

6. At this stage, the learned counsel for the petitioner makes an offer to pay a sum of Rs. 3,500/- per month to the complainant subject to final outcome of any maintenance or collateral proceeding.

7. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- IV, Gaya in Khizersarai P.S .Case No. 229 of 2023, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

8 . Learned counsel for the O.P.No. 2 under instruction,

Patna High Court CR. MISC. No.42314 of 2024(9) dt.05-05-2025 3/3 submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, if the O.P.No. 2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail . (Soni Shrivastava, J) N.K/- U T