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Patna High CourtCR. MISC./57028/2023allowed

Deepak Singh @ Deepak Kumar v. The State Of Bihar

2024-01-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57028 of 2023 Arising Out of PS. Case No.-99 Year-2021 Thana- DHARHARA District- Munger ====================================================== Deepak Singh @ Deepak Kumar S/O Dharmadeo Singh R/O Village Kanchangadh Dharahra, Police Station Dharahra, District Munger, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumkum Devi W/O Deepak Singh @ Deepak Kumar R/O Village Kanchangadh Dharahra, Police Station Dharahra, District Munger, Bihar. At Present Residing At Daughter Of Vijay Singh, Resident Of Village- Panhas, P.S.- Thana Lohianagar, Dist.- Begusarai, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Informant :

Mr. Jyoti Ranjan Jha, Adv.

For the Opposite Party/s: Mr. Umesh Lal Verma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 325, 341, 498(A), 34 of the Indian Penal Code .

3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and ousted her 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 committed no

Patna High Court CR. MISC. No.57028 of 2023(4) dt.04-01-2024 2/3 offence. He further submits that earlier the opposite party no. 2 has lodged a case u/s 498(A) and other sections of the I.P.C. against the petitioner and petitioner was acquitted by the court below in the aforesaid case later on a panchayati was conducted in which a maintenance amount of Rs. 1200/- per month was fixed. Petitioner has given the maintenance amount to the opposite party no. 2 when the opposite party no.2 filed the present case, he stopped to pay the said amount to opposite party no.2. He further submits that petitioner is ready to pay the said amount to opposite party no. 2 regularly.

5. Learned APP for the State and learned counsel for the opposite party no.2 opposed the prayer for bail of the petitioner.

6. 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 Dharhara P.S. Case No. 99 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.57028 of 2023(4) dt.04-01-2024 3/3

7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. (Anjani Kumar Sharan, J) annpurna/- U T