Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54319 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- DIGHA District- Patna ====================================================== Abhishek Kumar Son of Sri Subhash Rai Resident of Mohalla-Digha Patipul Gali, P.S.-Digha, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Sinha For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the petitioner, informant and the State.

The petitioner, being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the IPC and Sections 3/4 of the Dowry Prohibition Act.

The prosecution case, as per the written report of Reeta Kumari submitted to the Station House Officer, Digha Police Station, is to the effect that the informant was married with the petitioner on 30.05.2017, but subsequent to the marriage, further dowry demand of Rs. 2 lacs and a motorcycle was made and due to non-fulfillment of the same, the informant was tortured and ultimately she was driven out from her matrimonial house by all the accused persons including the petitioner.

Patna High Court CR. MISC. No.54319 of 2019(4) dt.04-03-2020 2/3 It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant. It is further submitted that on joint prayer of the parties, vide order dated 21.10.2019, the matter was referred to the Mediation Centre and through the process of mediation, the issue has been resolved between the parties and both sides are residing together. Learned counsel for the informant admits the contention of the petitioner that the issue has been settled between the parties, however, she is apprehensive due to past conduct of the petitioner.

Considering the fact that the issue has been resolved between the parties, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Patna in connection with Digha P.S. Case No. 282 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

However, it is made clear that the grant of bail to the petitioner will not preclude the informant to file appropriate application before the learned Court below if the petitioner

Patna High Court CR. MISC. No.54319 of 2019(4) dt.04-03-2020 3/3 violates the terms of grant of bail.

(Dinesh Kumar Singh, J) Amrendra/- U T