Abhishek Kumar Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6515 of 2024 Arising Out of PS. Case No.-12185 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Abhishek Kumar Tripathi Son Of Late Vijay Kumar Tripathi Resident Of Village - Paliganj, P.S. - Paliganj, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bala Nand Dikshit Son Of Late Rajeshwar Dikshit Resident Of Village - Dikshit Chak, Sadisopur, P.O. - Sadisopur, P.S. - Bihta, District - Patna, At Present Resident Of Quarter No.1, Road No.2 Of Mohalla Kajipur, P.S. - Kadam Kuan, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App 84) Mr. Mahendra Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2024 Earlier, vide order dated 08.05.2024, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator's Report (flag 'M'), the mediation has failed.

2. Heard learned counsel for the parties.

3. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 417, 498A of the Indian Penal Code.

4. Learned counsel for the petitioner submits petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against

Patna High Court CR. MISC. No.6515 of 2024(4) dt.03-07-2024 2/2 him. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.

5. Learned counsel for the O.P. No. 2 vehemently opposed the prayer for anticipatory bail of petitioner.

6. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class XIV, Patna in connection with Complaint Case No. 12185(C) of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T