Wakil Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12445 of 2023 Arising Out of PS. Case No.-2748 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== WAKIL KUMAR BAITHA S/O RAMBABU BAITHA Resident of VillagePakadiya, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANJALI KUMARI D/O RAM SEVAK BAITHA Resident of VillageIjorbara, P.S.- Phenhara, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP.

Ms. Ranjana Srivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsels for the parties.

2. Learned counsel for the petitioner has produced the compromise petition before the Court.

3. Let it be kept on record.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498 (A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

5. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and

Patna High Court CR. MISC. No.12445 of 2023(6) dt.18-09-2023 2/3 ousted her from her matrimonial home in association of his family members over the dowry demand.

6. 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. It is further submitted that there is compromise between the parties. Petitioner has no criminal antecedent.

7. Learned APP for the State as well as learned counsel for the opposite party no.2 oppose the prayer for bail.

8. In that view of the matter, as there is compromise between the parties, 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. 2748 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

9. If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.12445 of 2023(6) dt.18-09-2023 3/3 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) divyanshi/- U T