Abhishek Kumar @ Shubham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47817 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- NAWANAGAR District- Buxar ====================================================== Abhishek Kumar @ Shubham Kumar Son Of Mahendra Singh VillageGiridhar Barawan, P.S.- Nawanagar (Sonbarsa O.P.), Distt.- Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Neha Kumari W.O- Abhishek Kumar @ Shubham Kumar And D/OTapeshwar Singh Village- Gotapa, P.S.- Karakat, Distt.- Rohtas And Permanent Resident Of Village- Giridhar Baron, P.S.- Nawanagar (Sonbersa O.P.), Distt.- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Adv.
For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP Mr. Anand Kumar Ojha-1,Adv.for O)-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'B').
2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2.
3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a case registered for the offences under Sections 341, 323, 494, 498(A), 504, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.47817 of 2024(4) dt.31-01-2025 2/3
4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition and submits that he never committed torture to opposite party no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner 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 learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No. 117 of 2024 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her
Patna High Court CR. MISC. No.47817 of 2024(4) dt.31-01-2025 3/3 savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) anay U T