Bhupendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53793 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Bhupendra Kumar Singh Son Of Radha Mohan Singh Resident Of VillageSatyendra Nagar Holly Cross Public School Durga Chowk, Ps- Aurangabad (Town), Distt- Aurangabad, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anamika Singh Wife Of Bhupendra Kumar Singh Resident Of VillageSatyendra Nagar Holly Cross Public School Durga Chowk, Ps- Aurangabad (Town), Distt- Aurangabad, Bihar At Present D/O Ranjeet Kumar Singh, R/O- Village- Chaita, Ps- Alipur, Distt- Gaya Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Chandna, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, App.
For the O.P. No. 2 :
Mr. Anirudh Kumar, Adv.
Mr. Vyas Kr. Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A), 323, 342, 379 and 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioner, who is husband of complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.
Patna High Court CR. MISC. No.53793 of 2023(3) dt.04-01-2024 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has 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.
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 Sub-Divisional Judicial Magistrate, Aurangabad (Bihar), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Petitioner is ready to pay Rs.10,000.00 (Rupees Ten Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant 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
Patna High Court CR. MISC. No.53793 of 2023(3) dt.04-01-2024 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant. 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 complainant 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. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) annpurna/- U T