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Patna High CourtCR. MISC./3145/2023allowed

Abhishek Sinha v. The State Of Bihar

2023-11-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3145 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== ABHISHEK SINHA Son of Sri Bipin Bihari Prasad Resident of MohallaSidharthpuri, Road No.-1, Abhinandan Manpur, P.S.- Manpur, District- Gaya, at present- UCO Bank, Zonal Office, Surat, Gujrat, 206, Tridhi Shopers Ke opposite, Start Bazar, Aadjan Hazari Road, Surat (Gujrat), Pin- 395009 ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kumari Aprajita D/O Laxman Prasad, Wife of Abhishek Singh Resident of Mohalla- Kirtan Bhawan Road, Ward No.-18, P.S. and District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Ranjan Sinha For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard the parties.

2. Though the name of the counsel for the O.P. No.2 is appearing in the cause-list but nobody appears on behalf of the O.P. No.2.

3. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A of the Indian Penal Code.

4. The allegation against the petitioner is that he along with his family members assaulted the complainant on the pretext of non-fulfillment of demand for dowry and also ousted her from her matrimonial house.

5. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.3145 of 2023(5) dt.06-11-2023 2/2 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. He submits that the matter has been sent to the Mediation Center, Patna High Court but the O.P. No.2 did not appeared before the Mediation Center. He further submits that earlier the petitioner had filed a divorce case thereafter, the complainant has lodged the present case against the petitioner. Petitioner has no criminal antecedent.

6. Learned APP for the State opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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.151 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T