Nishikant Singh @ Nishikant Kumar Singh @ Nishikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55396 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== Nishikant Singh @ Nishikant Kumar Singh @ Nishikant Kumar Son Of Sri Mritunjya Kumar Singh @ Mritunjya Singh R/O Village And P.O.- Fatehpur, P.S.- Didarganj, Distt.- Patna, Present Add.- New Jaganpura, Near Bisaf School, P.S.- Ramkrishna Nagar, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Sinha, Advocate For the Opposite Party/s :
Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is apprehending arrest in connection with Mahila P.S. Case No. 03 of 2022 under sections 323/498(A)/34 of the Indian Penal Code and 3/4 of D.P. Act. As per the FIR, the informant has alleged that she was married to the husband in the year 2011 but since then she was tortured for dowry and in between, the couple was blessed with three children but the torture continued, forcing her to lodge this FIR.
Learned counsel for the petitioner submits that she
Patna High Court CR. MISC. No.55396 of 2022(2) dt.18-01-2023 2/3 is in the habit of leaving her in-laws house and on the last occasion she had left her three children too who are being taken care by the petitioner-husband.
The last submission is that he has already preferred Divorce Suit in 2019 and till any order is passed, he is ready to pay Rs. 5,000/- per month to her beginning January, 2023 and from February, 2023, he will be paying Rs. 5,000/-every month which will be deposited through Demand Draft issued by the local State Bank of India branch in the Divorce Suit before the Family Court to be handed over to the informant after checking the credential.
Taking into account the aforesaid fact that the petitioner do not have criminal antecedent, he has already filed Divorce Suit and the matter will ultimately be decided by the Family Court and further ultimately he will be facing the trial as the FIR has been lodged, this Court is inclined to grant him the privilege of anticipatory bail subject to payment of Rs. 5,000/- per month beginning from January, 2023 which will merge with the any order passed by the Family Court in Maintenance Case. Failure to pay the amount (Rs.5000/-), the informant shall be free to take recourse to legal remedy for cancellation of bail.
Patna High Court CR. MISC. No.55396 of 2022(2) dt.18-01-2023 3/3 Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna, in connection with Mahila P.S. Case No. 03 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/- U T