Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44616 of 2023 Arising Out of PS. Case No.-515 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== ABHISHEK KUMAR Son of Manoj Kumar Jaiswal Resident of village - Hospital Chowk, Chhatradhari Bazar, P.s. - Bhagwan Bazar, Dist. - Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Wife of Abhishek Kumar and D/o Satendra Narayan Prasad @ Babua Jee Resident of village - Lah Bazar, Mauna Chowk Chapra, P.S. - Chapra Town, Distt. - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP For the Informant/s :

Mr. Udai Shankar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-10-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

3. The petitioner is apprehending his arrest in connection with Bhagwan Bazar P.S. Case No. 515 of 2022 dated 03.11.2022 registered for the offences punishable under Sections 341, 323, 379, 498A and 504 read with 34 of the Indian Penal Code and Sections 3 and 4 of the D.P Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and ousted her from the matrimonial home due to non-

Patna High Court CR. MISC. No.44616 of 2023(3) dt.30-10-2023 2/3 fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023.

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.44616 of 2023(3) dt.30-10-2023 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chhapra in connection with Bhagwan Bazar P.S. Case No. 515 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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

9. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T