Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3580 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- ISUAPUR District- Saran ====================================================== Abhishek Kumar Son of Jai Prakash Kuwar @ Jamdar Kuwar Resident of Akhtiyarpur, P.S.- Garkha, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shibhu Devi Wife of Abhishek Kumar Daughter of Shambhunath Pandey, Resident of Akhtiyarpur, P.S.- Garkha, District- Saran. At Present residing at Manupur Souli, P.S.- Isuapur, District- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Isuapur P.S. Case No. 99 of 2023 for the offence under Sections 341, 323, 498a, 504 and 34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between both the parties in which there is allegation on the petitioner regarding abusing and assaulting the informant for demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in the present case only with a view to harass the petitioner. Petitioner is

Patna High Court CR. MISC. No.3580 of 2024(6) dt.08-04-2025 2/3 always ready to keep his wife with full honour and dignity or settle the differences with his wife. There is general and omnibus allegation of demand of dowry is attributed against the petitioner. No such type of occurrence took place as alleged in the F.I.R. Lastly, he prayed to enlarge the petitioner on bail.

5. During the course of argument, learned counsel for the petitioner submits that petitioner is ready to keep his wife with him with full honour and dignity but the informant want to live separately. He is also ready to pay Rs. 3,000/- (Three Thousand) per month for her maintenance and ready to file an affidavit regarding the payment of aforesaid amount in the Trial Court/Court below to show his bona fide conduct.

6. Keeping in view the aforesaid facts, and considering the submissions made by learned counsel for the petitioner, this Court is inclined to enlarge the petitioner on privilege of anticipatory bail.

7. The above amount of maintenance will be adjusted in any future order regarding maintenance passed by any competent Court. Petitioner will pay the aforesaid maintenance amount in advance for two months in the bank account of the O.P. No. 2 at the time of furnishing the bail bond and the details of bank account will be furnished by the informant as soon as

Patna High Court CR. MISC. No.3580 of 2024(6) dt.08-04-2025 3/3 possible.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Isuapur P.S. Case No. 99 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Ankit Kumar/- U T