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Patna High CourtCR. MISC./44846/2023allowed

Sumit Kumar Singh @Sumit Kumar v. The State Of Bihar

2024-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44846 of 2023 Arising Out of PS. Case No.-489 Year-2022 Thana- DANAPUR District- Patna ====================================================== SUMIT KUMAR SINGH @SUMIT KUMAR SON OF SHRI SUNIL KUMAR SINGH RESIDENT OF VILLAGE- PURANDARPUR, ANI BESENT ROAD, PS- PIRBAHOR, DISTT- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RANI KUMARI WIFE OF SUMIT KUMAR SINGH RESIDENT OF VILLAGE- BIBIGANJ BHATHA ROAD, PS- DANAPUR, DISTT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Smt. Sudha Ambastha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A and 342/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

Patna High Court CR. MISC. No.44846 of 2023(4) dt.08-05-2024 2/2 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Learned counsel for the petitioner further submitted that petitioner is ready to make payment of Rs. 4,000/- (Rupees Four Thousand) in second week of every succeeding month in the bank account of opposite party no.2 as per the details furnished by her counsel.

5. 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 Danapur P.S. Case No.489 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial, maintenance or any other collateral proceedings.

7. The present order, in any way, will preclude the parties to resolve the issue otherwise.

(Anjani Kumar Sharan, J) Trivedi/- U T