Amardeep Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63812 of 2018 Arising Out of PS. Case No.-468 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Amardeep Kumar, S/o Vishundeo Shah, R/o Garhara, P.S.- Barauni, DistrictBegusarai. ... ... Petitioner
Versus
1.
The State Of Bihar, 2.
Soni Kumari, Wife of Amardeep Kumar, resident of Garhara, P.S.- Barauni, District- Begusarai at present residing at Mohalla Adarsh Nagar Ulao, P.S.- Muffasil, District- Begusarai.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate Ms. Babita Kumari, Advocate For the Informant :
Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 468 of 2018, registered under Sections 498(A), 504, 506, 323, 341 and 307/34 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act. The accusation is that the marriage of complainant/O.P. No.2 Soni Kumari was performed with this petitioner on 01.07.2016. After the marriage, she went to her matrimonial house with the gifted articles, where her husband
Patna High Court CR. MISC. No.63812 of 2018(5) dt.29-04-2019 2/3 as well as other inlaws showed their dissatisfaction and they started demand cash of Rs. 20 Lakhs and four wheeler on which complainant showed inability of her parents to fulfill the said demand. Thereafter, she was tortured through various modes. Thereafter, on request, the complainant was sent in Bidai to her Myaka, but her ornaments and valuable articles were kept by her inlaws. After three months, complainant came at her matrimonial house in Bidai, where she was again tortured. Subsequently, on 22.12.2017, the complainant went to her Myaka with her brother. Later on, in conspiracy of the petitioner, Kundan Kumar, brother of the informant, was killed on 14.10.2017.
Learned counsel for the petitioner submits that, in fact, complainant/O.P.2 does not want to live with the petitioner without any reasonable ground. Thereafter, petitioner filed the Matrimonial Case No. 67 of 2018 on 07.08.2018 before that petitioner was also falsely implicated by the family members of the complainant/O.P. No.2 in the murder of Kundan Kumar, brother of the complainant/O.P. No.2. The complainant also filed Maintenance Case No. 86 of 2018, which is pending in the Court of Family Court, Begusarai, while the matter was referred to Mediation Centre, Patna High
Patna High Court CR. MISC. No.63812 of 2018(5) dt.29-04-2019 3/3 Court, Patna, but the dispute could not be settled as complainant want one time settlement.
On the other hand, learned counsel appearing on behalf of the complainant/O.P. No. 2 submits that while interim maintenance of Rs. 8000/- was granted in Maintenance Case No. 86 of 2018, but the said amount has not been paid by this petitioner.
Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Begusarai in connection with Complaint Case No. 468 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T