Aditya Bardhan Singh @ Aaditya Bardhan @ Aditya Vardhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2634 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== ADITYA BARDHAN SINGH @ AADITYA BARDHAN @ ADITYA VARDHAN SINGH SON OF ABHAY KUMAR SINGH R/O VILLAGEJAMALPUR SADAR BAZAR, FARI, P.S.- JAMALPUR, DIST.- MUNGER ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR PATNA 2.
PRIYANKA KUMARI D/O RAM UDAAGAR SINGH R/O VILLAGESIMRI BAGAAN, P.S.- SAHAYAK, DIST.- KATIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr.Kanhaiya Kishore, APP.
Mr. Gyanendra Kumar Singh, Adv.
Mr. Pankaj Kumar Das, Adv.
Mr. Kundan Kumar Ojha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 313, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioner, who is husband of informant, is said to have tortured upon the informant physically and mentally in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and he has committed no offence. Petitioner has neither made any dowry demand nor
Patna High Court CR. MISC. No.2634 of 2024(4) dt.15-05-2024 2/3 tormented her over the demand of dowry. All the allegation levelled against the petitioner is totally wrong and based on concocted facts. Prior to the filing of the present case, the petitioner as well as his family members tried their best to settle the dispute and bring the informant to petitioner's working place at Kolkata. It is further submitted that vide order dated 03.12.2020, this matter was referred to the Patna High Court Mediation Center for its resolution but from perusal of the record it appears that the dispute between the parties could not be resolved through the process of mediation. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application.
5. 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 Katihar (Sahayak) P.S. Case No. 592 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Petitioner is ready to pay Rs.5000.00 (Rupees Five
Patna High Court CR. MISC. No.2634 of 2024(4) dt.15-05-2024 3/3 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 move before the learned Court below for cancelling the bail bond of the petitioner.
7. 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.
8. Learned counsel for the informant is directed to furnish the bank account details of the informant. If she 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 she furnishes her bank account details.
9. 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.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T