Krishna Prasad @ Krishna Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4983 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Krishna Prasad @ Krishna Kumar Gupta S/o Madan Prasad R/o vill-Piprahiya Purab tola, PS Nawalpur District West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Devi W/o Krishna Prasad @ Krishna Kumar Gupta, D/o Nawal Prasad R/o vill-Piprahiya Purab Tola, P.S-Nawalpur, Dist.-West Champaran. Present Address-Village-Naya Basti, Loharpatiya, P.S-Lauriya, Distt.-West Champaran.

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

For the O.P. No.2 :

Mr. Shyam Sundar Kumar, Adv.

====================================================== 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 498A, 323, 341, 504 of the Indian Penal Code and Section 3⁄4 of the A.D. Act.

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

Patna High Court CR. MISC. No.4983 of 2024(2) dt.01-02-2024 2/2 is general and omnibus allegation against the petitioner. There is no allegation on petitioner to tampering the evidence. 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. 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 Lauriya P.S. Case No. 181 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