← Library
Patna High CourtCR. MISC./10562/2024allowed

Ajay Kumar v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10562 of 2024 Arising Out of PS. Case No.-45 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== AJAY KUMAR S/O- SURESH PRASAD RAUT R/O- VILLAGE- MALTI, P.S.- BODH GAYA, DIST.- GAYA, BIHAR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR, PATNA 2.

PURNIMA KUMARI D/O- SRI ARUN PRASAD R/O- MOHALLAPACHHATI NEAR THE SHOP OF CHANDAULI P.S.- BODH GAYA, DIST.- GAYA, PIN- 824231.

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard Mr. Prithivi Raj Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered under sections 498(A) of the IPC and sections 3⁄4 of Dowry Prohibition Act.

3.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 4.

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

Patna High Court CR. MISC. No.10562 of 2024(2) dt.22-02-2024 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

5.

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 Bodh Gaya P.S. Case No.45/2020, 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 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