Dilip Kumar Rajak @ Dilip Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13371 of 2021 Arising Out of PS. Case No.-203 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== Dilip Kumar Rajak @ Dilip Rajak Son of Kedar Rajak Resident of Village - Papraur, P.S.- Barauni, Distt.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni @ Munni Kumari @ Rubi Kumari W/o Dilip Kumar Rajak @ Dilip Rajak, D/o late Suresh Resident of Village - Seva , P.S.- Gidhour, Distt.- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2022 Heard learned counsel for the parties through virtual court proceeding.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 504, 379, 498A, 307 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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

Patna High Court CR. MISC. No.13371 of 2021(2) dt.11-01-2022 2/3 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. He is still ready to keep her with full honour and dignity. He also submits that the petitioner has filed matrimonial case no. 37 of 2018 for restitution of congugal right under Section 9 of the Hindu Marriage Act before the court of the learned Principal Judge, Family Court, Begusarai. 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.

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 Complaint Case No.203C/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring

Patna High Court CR. MISC. No.13371 of 2021(2) dt.11-01-2022 3/3 the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) devendra/- U T