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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43647 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Abhishek Kumar @ Abhishek Kumar Sinha Son Of Sri Anil Kumar Sinha R/O Village- Musapur, P.S.- Samastipur Muffasil, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Surbhi Sinha Wife of Abhishek Kumar R/o Village Musapur Ward No.02, P.S. Samastipur Muffasil, District Samastipur, At Present Residing at Village Mohanpur Ward No.11, P.S. Samastipur Muffasil, District Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Singh, Advocate For the State :

Mr. Akshay Lal Pandit, APP For O.P. No.2 :

Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.43647 of 2022(4) dt.15-05-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Muffasil P.S. Case No.85 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.5,000/- (rupees five thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

It goes without saying that the aforesaid payment shall

Patna High Court CR. MISC. No.43647 of 2022(4) dt.15-05-2023 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned court below.

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

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T