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Patna High CourtCR. MISC./5241/2024allowed

Pritam Kumar v. The State Of Bihar

2024-02-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5241 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Pritam Kumar Son Of Bigan Prasad Resident Of Village- Amritnagar, PoKanpa, Ps- Daudnagar, Dist- Aurangabad ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Smiti Kumari Wife Of Pritam Kumar Resident Of Village- Amritnagar, PoKanpa, Ps- Daudnagar, Dist- Aurangabad And Daughter Of Of Kanchan Kumar Verma @ Vinod Kumar Verma At Present Resident Of VillageSinduvari Ps- Coach, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rupa Kumari, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, 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 341, 323 and 498A 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. The allegation levelled against the

Patna High Court CR. MISC. No.5241 of 2024(2) dt.01-02-2024 2/2 petitioner is general and omnibus. There is no allegation on petitioner to tampering the evidence. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the 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. 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 Daudnagar P.S. Case No. 539 of 2023, 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