Chandan Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6480 of 2023 Arising Out of PS. Case No.-967 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== CHANDAN KUMAR VERMA Son of Ram Niranjan Verma R/o Ratanpur P.S- Aurai, Dist- Mujaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Minakshi Kumari @ Minakshi Devi Wife of Chandan Kumar Verma, D/o Dinesh Prasad Srivastava R/o Ratanpur P.S- Aurai, Dist- Mujaffarpur at present residing at Rajnagar P.S- Rajnagar, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Mohan Singh, Adv.

For the Opposite Party/s :

Mr.Ramesh Chandra, APP Mr.Md.Soban Ashgar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered u/s 323/504/342/379/498(A) of the IPC and 3⁄4 of D.P. Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors.

Patna High Court CR. MISC. No.6480 of 2023(2) dt.11-04-2023 2/2 Vs. The State of Bihar, reported in 2006 (3) PLJR 182. The victim-wife after marriage, refused to live in the matrimonial house and went to her paternal house.

It is submitted by learned counsel for the complainant that the complainant-wife of the petitioner is ready and willing to reside with the petitioner, provided, she is not tortured. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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.967/2017, 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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