Abhishek Singh @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55091 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- AMNAUR District- Saran ====================================================== Abhishek Singh @ Bittu S/O Arun Kumar Singh Resident Of VillageParwalpatti Parsauni, Tola- Pratap Patti, P.S.- Sahebganj, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
Kumari Madhuri Wife Of Abhishek Singh @ Bittu And Daughter Of Vijay Kumar Thakur @ Manoj Thakur Presently Residing At Village Mura., PostTarwar, P.S.- Amnour, Distt.- Chhapra (Saran) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Amnour P.S. Case No. 10 of 2019 instituted for the offence under Sections 406, 498A, 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. This case relates to torture and harassment due to nonfulfillment of four wheeler as further dowry demand and finally husband of the complainant and his family members ousted her from matrimonial home after snatching her belongings. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.55091 of 2021(2) dt.13-04-2022 2/3 that petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousand) in first week of every month commencing from the month of April as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner,
Patna High Court CR. MISC. No.55091 of 2021(2) dt.13-04-2022 3/3 above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Chhapra (saran) in connection with Amnour P.S. Case No. 10 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of first deposit of Rs. 4,000/- for the month of April by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U