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Patna High CourtCR. MISC./11664/2024allowed

Santosh Lal Deo @ Santosh Kumar Lal v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11664 of 2024 Arising Out of PS. Case No.-69 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== Santosh Lal Deo @ Santosh Kumar Lal Son Of Dhanesh Lal Deo @ Dhanesh Lal Resident Of Village- Agyaspur, Ps- Singhwara, Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi Wife Of Santosh Laldeo Resident Of Village- Agyaspur, PsSinghwara, Dist- Darbhanga At Present D/O Shyam Laldeo Resident Of Village- Turki, Ps- Baheri, Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Kumar Sinha For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 341, 323/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. 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.

4. Learned counsel for the petitioner submits 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. He further submits that the entire

Patna High Court CR. MISC. No.11664 of 2024(2) dt.12-03-2024 2/2 allegations made by the informant intentionally to harass family members of her sasural. 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.

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 Mahila P.S. Case No. 69 of 2021, 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.

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