Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58133 of 2024 Arising Out of PS. Case No.-2331 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Abhishek Kumar Son of Sadanand Singh Resident of Gali No. 03, Purani Durga Asthan, Sultanganj, P.s.- Sultanganj, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Priti Kumari Wife of Abhishek Kumar D/O Late Arun Kumar Singh R/O A/3, Block A fase-6, Durga Apartment, Parsudih, P.s.- Parsiduh, Jamsedpur, Fuldani Tata Nagar, East Singhbhom, Jharkhand. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Bihari Singh For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is of matrimonial cruelty and demand of dowry.

4. Petitioner happens to be the husband of the complainant. There is general and omnibus allegation of commission of assault against him. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready

Patna High Court CR. MISC. No.58133 of 2024(2) dt.18-09-2024 2/2 to keep the complainant, as his wife, with full honour and dignity. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner bears clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner, in the event of his arrest /surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. 1st Bhagalpur, in connection with Complaint Case No. 2331 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T