Abhishek Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70439 of 2022 Arising Out of PS. Case No.-692 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== ABHISHEK PATEL S/o Surendra Singh R/o Village- Bhabhua Ward no. 2, V.I.P. Colony, P.S.- Bhabhua, Distt- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sarita Devi W/o Abhishek Patel R/o Village- Bhabhua Ward no. 2, V.I.P. Colony, P.S.- Bhabhua, Distt- Kaimur at Bhabhua. At present R/o VillageUmapur, P.S.- Bhagwanpur, Distt- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 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

Patna High Court CR. MISC. No.70439 of 2022(2) dt.31-01-2023 2/3 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 Complaint Case No.692 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.5,000/- (rupees five thousand) per month to opposite party no.2 in the second week of every month. If petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

It goes without saying that the aforesaid payment shall

Patna High Court CR. MISC. No.70439 of 2022(2) dt.31-01-2023 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned court below.

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 Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T