Sudhanshu Singh @ Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55511 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- FESHAR District- Aurangabad ====================================================== SUDHANSHU SINGH @ SUDHANSHU KUMAR SON OF YUGAL KISHOR SINGH RESIDENT OF MOHALLA - MANPUR, SONAR TOLI, P.S. - MUFFASIL, DISTRICT - GAYA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR, PATNA 2.

NEELAM KUMARI WIFE OF SUDHANSHU SINGH, DAUGHTER OF LATE KRISHNA NARAYAN SINGH RESIDENT OF VILLAGE - PANDEKHAP, P.S. - FESAR, DISTRICT - AURANGABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP.

Mr. Ashok Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 379, 494, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand. He also solemnized his second marriage with another lady.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.55511 of 2023(4) dt.27-02-2024 2/3 offence. He has neither made any dowry demand nor tormented her over the demand of dowry. He has been falsely implicated in the present case due to ulterior motive. There is no allegation against the petitioner to tamper the evidence. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the 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 has no criminal antecedent.

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 Fesar P.S. Case No. 82 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to

Patna High Court CR. MISC. No.55511 of 2023(4) dt.27-02-2024 3/3 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.

8. Learned counsel for the informant is directed to furnish the bank account details of the informant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.

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 is allowed. (Anjani Kumar Sharan, J) divyanshi/- U T