Dr. Abhishek Singh @ Tannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58960 of 2023 Arising Out of PS. Case No.-1250 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DR. ABHISHEK SINGH @ TANNU SON OF LATE RADHIKA RAMAN SINGH RESIDENT OF VILLAGE-FLAT N. 202, RAMCHANDRA ENCLAVE, MOHALLA- SHIVPURI, PS - SHASTI NAGAR, DIST- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KHUSHABOO @ KHUSHABOO SINGH @ KHUSHI DAUGHTER OF LATE UPENDRA ROY RESIDENT OF HOUSE NO. 4, NAVRATAN HATA, PS- K. HAT, DISTT- PURNEA, A/P MOHALLA- PATRAKAR NAGAR, DIST- PATNA PRSENTLY RESIDING AT HUSBAND'S PALCE RESIDENT OF VILLAGE-FLAT N. 202, RAMCHANDRA ENCLAVE, MOHALLA- SHIVPURI, PS - SHASTI NAGAR, DIST- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shree Ganesh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP Mr.Chandan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 498(A) of the IPC and sections 3 and 4 of the Dowry Act.

3.

Petitioner, who is husband of complainant, is said to have tortured and ill-treated the complainant in association with his family members over dowry demand.

4.

It is submitted by learned counsel for the petitioner that

2/4 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. It is submitted that the till September, 2023, the complainant was residing with the petitioner. Later on, when she secured a job in the Paras Hospital, she left the house of the petitioner and now, she is also working as a Doctor in the Paras Hospital. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

5.

Learned counsel for the O.P. No.2 opposed the prayer for bail of the petitioner by submitting that petitioner has assaulted the O.P. No.2 and has shown the photographs of the wounds in the Court.

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

3/4 Complaint Case No.1250(C)/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 7.

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.

8.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. 9.

Learned counsel for the O.P. No.2 is directed to furnish the bank account details of the complainant before the learned Court below. 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.

10.

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. 11.

With the aforesaid observation and direction, this

4/4 application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T