Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56697 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- RISIYAP District- Aurangabad ====================================================== Amit Kumar S/o Arvind Singh R/o vill - Bhatoundha, P.S. - Risiup, Distt. - Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Archana Kumari @ Archana Singh D/o Sanjay Singh R/o vill - Noawan, P.S- Obra, Dist. - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-03-2025 In compliance of the earlier order dated 2402.2025, both the parties along with their respective lawyers are present in Chamber proceeding.
2. Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned APP for the State.
3. The petitioner is apprehending his arrest in connection with Risiup P.S. Case No. 172 of 2023 for the offence under Sections 341, 323, 504, 506, 498A and 34 of the I.P.C.
4. It is a case of matrimonial dispute between both the parties. In which there is allegation on the petitioner of abusing
Patna High Court CR. MISC. No.56697 of 2024(5) dt.27-03-2025 2/3 and assaulting the complainant for demand of dowry.
5. Learned counsel for the petitioner submits that the petitioner being husband of the informant is innocent and has committed no offence as alleged in the First Information Report. The present case has been lodged against 6 named accused persons including the present petitioner. All the accused are family members of the petitioner.
6. During the course of argument, learned counsel for the petitioner submits that petitioner is still ready to keep his wife at his village with full honour and dignity. On the other hand O.P. No. 2 is not willing to go there however, she is ready to go with the petitioner where the petitioner is presently residing. He further submits that the mother of the petitioner is suffering from brain haemorrhage and she is under treatment at BHU. He further submits that he is ready to pay Rs. 15,000/- (Fifteen Thousand) per month for the maintenance of her wife and child and he is also ready to file an affidavit regarding the payment of aforesaid amount in the Trial Court/Court below to show his bona fide conduct.
7. Keeping in view the aforesaid facts, and considering the submissions made by learned counsel for the petitioner, this Court is inclined to enlarge the petitioner on
Patna High Court CR. MISC. No.56697 of 2024(5) dt.27-03-2025 3/3 privilege of anticipatory bail.
8. The above amount of maintenance will be adjusted in any future order regarding maintenance passed by any competent Court. Petitioner will pay the aforesaid maintenance amount in advance for two months in the bank account of the O.P. No. 2 at the time of furnishing the bail bond and the details of bank account will be furnished by the informant as soon as possible.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Risiup P.S. Case No. 172 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
10. Accordingly, the instant application stands disposed of.
(S. B. Pd. Singh, J) Ankit Kumar/- U T