Mayank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4072 of 2024 Arising Out of PS. Case No.-102 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== MAYANK KUMAR SON OF VINAY KUMAR PAL RESIDENT OF HOUSE NO.89, BUDH MARG, NEW POLICE LINE, POLICE STATION - BUDDHA COLONY, DISTRICT - PATNA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ARCHANA KUMARI WIFE OF MAYANK KUMAR RESIDENT OF VILLAGE - RANAULI, POLICE STATION - BHATNAHA, DISTRICT - SITAMARHI, PRESENTLY RESIDENT OF C/O. RAM BABU, BANK ROAD, NEW POLICE LINE, POLICE STATION - BUDDHA COLONY, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally in association of other accused persons over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed

Patna High Court CR. MISC. No.4072 of 2024(2) dt.01-02-2024 2/3 no offence. Petitioner has neither made any dowry demand nor tormented her over the demand of dowry. All the allegation levelled against the petitioner is totally false and based on concocted facts. The real fact is that the informant does not want to live with his husband. It is further submitted that prior to the present case, the petitioner has filed Matrimonial Case No. 1506 of 2021 for the purpose of divorce. There is no allegation against the petitioner to tamper the evidence. He has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. 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 Mahila P.S. Case No. 102 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. If so advised, either of the parties will be at liberty to make an application before the learned Court below for

Patna High Court CR. MISC. No.4072 of 2024(2) dt.01-02-2024 3/3 referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement. (Anjani Kumar Sharan, J) divyanshi/- U T