Athiya Kumar @ Athitya Kumar @ Athitya @ Athiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52484 of 2024 Arising Out of PS. Case No.-940 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Athiya Kumar @ Athitya Kumar @ Athitya @ Athiya S/O Madan Mohan Prasad Resident Of L -1, 2074, Gali No.- 8, Deoli, P.S- Sangam Vihar, South Delhi, Delhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Aradhana Kumari W/O Athiya Kumar @ Athitya Kumar, D/O Chandrashekhar Prasad Resident Of Ekta Colony, Dhaniya Bagicha, P.SDelha, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary Mr. Rabia Gulnaz ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 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

Patna High Court CR. MISC. No.52484 of 2024(3) dt.09-12-2024 2/3 committed no 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 no criminal antecedent as mentioned in para-3 of this application.

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 Complaint Case No. 940 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

6. Petitioner is ready to pay Rs.4,000/- (Rupees Four 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 cancelling the bail bond of the petitioner.

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

Patna High Court CR. MISC. No.52484 of 2024(3) dt.09-12-2024 3/3

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

9. 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 Center for the purpose of reconciliation or one time settlement.

10. Accordingly, this application stands disposed of.

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