Kishley Kumar @ Kislay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66792 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- PARASI District- Jehanabad ====================================================== Kishley Kumar @ Kislay Kumar S/O Ramjee Singh Resident Of VillageBahadurpur, P.S.- Parasi, District- Jehanabad. At Present Residing At M.I.G Jr. A-34, M.P. Housing Board Colony, Pachkhora, P.S.- Singrauli, DistrictSingrauli (M.P.). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Bhaskar Shankar, Adv.
Mr. Saket Kr. Singh, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP For the Informant Mr. Kumar Rajeev, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
Petitioner, who is husband of the informant, is said to have ousted the informant from her matrimonial home in association of his family members over the dowry demand. It is submitted by learned counsel for the petitioner that 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. He is still ready to
Patna High Court CR. MISC. No.66792 of 2022(2) dt.25-02-2023 2/3 keep her with full honour and dignity. 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. However, the petitioner is ready to give Rs.5,000.00 (Rupees Five Thousand) per month as maintenance to the informant in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to the informant, his bail bond shall automatically be cancelled. Learned counsel for the informant, under instruction, submits that informant undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
In that view of the matter, let the above named petitioner, be released on anticipatory 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
Patna High Court CR. MISC. No.66792 of 2022(2) dt.25-02-2023 3/3 of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Parasi P.S. Case No. 45 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 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.
(Anjani Kumar Sharan, J) arish/- U T