Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72582 of 2021 Arising Out of PS. Case No.-306 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Abhishek Kumar S/o Biresh Kumar Choubey R/o village- Pramarsh Nagar, P.S.- Chapra Mufassil, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shikha Singh D/o Naresh Kumar Singh R/o Mohalla- Raipur, Chhatisgarh, Friends Colony, Moaa Rajpur, P.S.- Pandiri, Distt.- Raipur, At present- A 9/3 Golf Link Apartment, Dwarka Sector 23B DDA LIG Flat, Pocket 8, New Delhi 110077 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Chandra Mohan Jha, Advocate For the State :

Mr. Md. Ataur Rahman, APP For Opp. Party No. 2 :

Mr. Vikramdeo Singh Mr. Sada Nand Roy, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2022 Heard learned counsel appearing on behalf of the petitioner; learned counsel appearing on behalf of the State as well as learned counsel for the opposite party no.2. The petitioner apprehends his arrest in connection with Chapra Muffasil P.S. Case No.306 of 2021 registered for offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

This Court has tried to get the matter settled between the parties but no settlement could be arrived at between the parties.

Mr. Vikramdeo Singh, learned counsel appearing on

Patna High Court CR. MISC. No.72582 of 2021(5) dt.05-05-2022 2/2 behalf of the opposite party no.2, has vehemently opposed the prayer for anticipatory bail and he has submitted that the allegations levelled against the petitioner are true. There are allegations and counter allegations made by both the parties which cannot be verified in the anticipatory bail proceeding.

In view of the law laid down by the Apex Court in the case of Arnesh Kumar V State Of Bihar reported in (2014) 8 SCC 273, this application for anticipatory bail is allowed. Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.306 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, this order will not come in the way of the court below for sending the matter for mediation and/or for one time settlement.

(Sandeep Kumar, J) BT/- U T