Kumar Abhishek @ Abhishek Dusadh @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48520 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Kumar Abhishek @ Abhishek Dusadh @ Abhishek Kumar S/o Krishnadev Paswan @ K.D. Dusadh R/o vill - Sonaura, P.S. - Mali, Distt. - Aurangabad, Bihar at present R/o Mohalla - Baudhviharlata, Balgi Road No. 502/07, P.S. - Dari, Distt. - Korba, Chhatishgadh ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Puja Kumari W/o Kumar Abhishek @ Abhishek Dusadh @ Abhishek Kumar R/o vill - Sonoura, P.S. - Mali, Distt. - Aurangabad, Bihar and D/o Pramod Kumar, R/o vill - Hatil, Parsawa, P.S. - Simara, Distt. - Aurangabad, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2024 Heard Learned Counsel for the petitioner and Learned APP for the State. Learned Counsel for Opposite Party No.2 appeared suo-moto.
2. The Present Complaint case has been lodged by the complainant (Opposite Party No.2) vide Complaint Case No. 307 of 2023 dated 28.03.2023, lodged under Sections 498(A), 379 of the Indian Penal Code read with sections 3/4 of the Dowry Prohibition Act.
3. Learned Counsel for the petitioner submits that the complainant is the wife of petitioner and the petitioner is ready to keep his wife with dignity and respect. Counsel also submits that he has filed a case of restitution of conjugal rights under
Patna High Court CR. MISC. No.48520 of 2024(3) dt.21-09-2024 2/2 section 9 of the Hindu Marriage Act which is pending before the Principal Judge, Family Court, Chattisgarh. Counsel further submits that the criminal antecedent of the petitioner is clean.
4. Learned Counsel appearing for Opposite Party No.2 submits firmly upon consultation with Opposite Party No.2 that she is not ready to live with the petitioner, but interested in One Time Settlement for complete detachment.
5. In this view of the matter, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Aurangabad in connection with Complaint Case No. 307 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
6. It is made clear that both parties are at liberty to enter into One Time Settlement before the appropriate forum. (Dr. Anshuman, J) Divyansh/- U T