Akshay Kumar @ Rishu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68920 of 2022 Arising Out of PS. Case No.-842 Year-2022 Thana- DANAPUR District- Patna ====================================================== AKSHAY KUMAR @ RISHU S/o Late Rajesh Tiwary R/o Mohalla- Kali Mandir Colony, R.P.S.- More, P.S.- Danapur, Distt- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Madhu Malti Kumari W/o Akshay Kumar @ Rishu, D/o Uday Narayan Singh R/o Mohalla- Shastri Nagar (Back of K.V. Sahay High School), P.S.- Shastri Nagar, Distt- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Khurshid Anwar, APP.
Ms. Nivedita Nirvikar, Sr. Adv.
Mr. Arya Achint, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506, 498 (A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of informant/complainant, is said to have tortured upon the informant physically and mentally in association of his family members over the dowry demand. They also tried to kill her by pouring kerosene oil on her.
Patna High Court CR. MISC. No.68920 of 2022(3) dt.10-04-2023 2/3 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 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.
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 Danapur P.S. Case No. 842 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.5000.00 (Rupees Five Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to
Patna High Court CR. MISC. No.68920 of 2022(3) dt.10-04-2023 3/3 move before the learned Court below for cancelling the bail bond of the petitioner.
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.
Learned counsel for the informant is directed to furnish the bank account details of the informant. If he fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after he furnishes the informant's bank account details. 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.
With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T