Ajeet Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68550 of 2024 Arising Out of PS. Case No.-1423 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ajeet Kumar Singh Son of Bharat Singh Permanent resident Flat No. 301, Prince Apartment, Magistrate Colony, P.S. Rajiv Nagar, Dist. Patna, at present residing at Flat No. 243, Uber Mews Gate, P.S.- Kharar, Dist.- SAS Nagar, Mohali, Chandigarh ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Puja Wife of Ajit Kumar Singh R/O- In the House of Brindavan Singh, Durga Ashram Gali, P.S.- Shastrinagar, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Singh, Sr. Adv Mr. Anil Singh, Adv For the State :
Mr.Anil Kumar Singh No. 1, APP For the O.P.No.2 Mr. Manish Jha, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard Sri. Jitendra Kumar Singh, learned senior counsel for the petitioner, Mr. Manish Jha,learned counsel for the Opposite party no. 2 and the State.
2. Petitioner apprehends his arrest in connection with Complaint Case No. 1423C of 2019 registered for the offences punishable under Sections 498A, 406/34, of the Indian Penal Code.
3. The prosecution case is based upon complaint filed by the opposite party no. 2 making an allegation of demand of dowry and torture.
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4. The petitioner is husband of the opposite party no. 2. There is allegation and counter allegation made on behalf of the petitioner as also the opposite party no. 2. It has been submitted on behalf of the petitioner that OP.No.2 was suffering from some mental disorder with regard to which a legal notice was sent to be O.P.No.2 and the treatment was also carried out for the said mental disorder by the petitioner and his family. Further it has also been submitted that an application has also been filed under section 12 (1)(b)(c) under the Hindu Marriage Act for declaring the marriage null and void, which was filed six months prior to the filing of this case.
5. Per contra, the learned counsel appearing for the OP.No.2 submits that he has filed counter affidavit in the present case bringing on record the medical prescription of O.P.No. 2 which would show that she has been treated with cruelty and a compromise petition has also been brought on record to show that the petitioner had earlier admitted that he would not indulge into any cruel behaviour in future.
6. Learned APP for the State and learned counsel for the OP.No.2 oppose the bail application of the petitioner.
7. It will be important to record that the application was sent before the Mediation Center for reaching an amicable settlement
3/4 between the parties but the mediation report would go to show that the said process of mediation has failed. At this stage the learned senior counsel for the petitioner makes an offer that the petitioner is ready to make the monthly payment awarded in the Maintenance Case No. 121(M) of 2019 till a final decision is taken in the Maintenance Case. Learned senior counsel for the petitioner makes an offer to pay an amount of Rs.11,000/- per month to the OP.No.2.
8. In addition to the same, in order to show his bonafide, the petitioner would deposit a sum of Rs. 2 lakh in account of OP.No. 2 at the time of furnishing of the bail bond which would be taken as part of arrears amount awarded in the Maintenance Case.
9. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of eight weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Patna in Complaint Case No.1423C of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C and
4/4 subject to the further condition that the petitioner shall cooperate in investigation/ trial.
10. Learned counsel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, If the O.P.No. 2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail . (Soni Shrivastava, J) N.K/- U T