Shiv Nath Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5071 of 2024 Arising Out of PS. Case No.-430 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Shiv Nath Prasad Son Of Dasrath Mehta @ Dashrath Mahto Resident Of Mohalla - Yamunapur, Police Station - Malsalami, District - Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 498A, 504 r/w 34 of the Indian Penal Code.
3. Petitioner, who is husband of complainant, is said to have ousted her from the matrimonial home 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 has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. From perusal of FIR it appears that there is general and omnibus allegation against the petitioner. There is no allegation on petitioner to tampering the evidence.
Patna High Court CR. MISC. No.5071 of 2024(2) dt.01-02-2024 2/2 Petitioner has no criminal antecedent.
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 Malsalami P.S. Case No. 430 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. 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.
(Anjani Kumar Sharan, J) annpurna/- U T