Abhishek Kumar @ Abhishek Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49242 of 2021 Arising Out of PS. Case No.-2478 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Abhishek Kumar @ Abhishek Kumar Mishra Son of Awadhesh Mishra Resident of Village- Gandaman, P.S.- Masrakh, District- Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Kumari Wife of Abhishek Kumar, Daughter of Late Rajeshwar Mishra Resident of District Board Office Campus, Beli Sarai, P.S.- Motihari Town, District- East Champaran.

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

For the Petitioner :

Mr.Vijay Shankar Shrivastava, Advocate For the State :

Mr.Chandra Sen Prasad Singh, APP For Opp. Party No.2 :

Mr. Dhananjay Kumar No.2 Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2 through video conferencing.

The petitioner seeks anticipatory bail in connection with Trial No. 2275 of 2019 arising out of Complaint Case No.2478 of 2018 registered for the offences under Sections 341, 352, 323, 324, 354(b)(c), 313, 376/511, 498(A), 406, 307, 379 and 34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act but learned Magistrate has taken cognizance under section 498(A) of the IPC and Sections 3/ 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.49242 of 2021(2) dt.03-02-2022 2/3 Specific statement has been made in paragraph 11 of the bail petition that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 17.02.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar Motihari, East Champaran in connection with Trial No. 2275 of 2019 arising out of Complaint Case No.2478 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

For non-compliance of this order, the bail bond of the

Patna High Court CR. MISC. No.49242 of 2021(2) dt.03-02-2022 3/3 petitioner shall stand automatically cancelled. With the aforesaid observation and direction, this application is allowed.

(Sandeep Kumar, J) BT/- U T