Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4531 of 2023 Arising Out of PS. Case No.-1392 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MUKESH DAS Son of Lakshman Das Resident of Vill.- Bankat, P.S.- Paharpur, Dist.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha Devi Daughter of Rajeshwar Das W/o Mukesh Das, Residing at Belwa Bajar, P.S.- Turkaulia, Dist.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Akbar Ali Mr. Dhurendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323 and 498A/34 of the Indian Penal Code.

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.

Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. He submits that the petitioner visited his sasural many times to bring her back but she is adamant on her demand that the petitioner has to leave his home and has to sell his share of property and to live at her paternal village with her only and has not to maintain

Patna High Court CR. MISC. No.4531 of 2023(3) dt.10-07-2023 2/2 relation with his family members, the petitioner denied this and tried to make her stand that he cannot leave his old ailing parents. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry.

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 Compaint Case No. 1392 of 2021, 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 the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T