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Patna High CourtCR. MISC./9526/2022allowed

Alok Patel @ Alok Kumar v. The State Of Bihar

2022-08-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9526 of 2022 Arising Out of PS. Case No.-332 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ALOK PATEL @ ALOK KUMAR Son of Lakhindra Raut Resident of Village - Bagahi, Bhelwa, P.S. - Ghorasahan, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

PUJA DEVI W/o Alok Patel @ Alok Kumar, D/o Ravindra Rai At present R/o Village - Baigahi, P.S. - Bairgania, District - Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Anand Kishore Choudhary Mr. Binay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand. 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 drover her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity.

Patna High Court CR. MISC. No.9526 of 2022(2) dt.02-08-2022 2/2 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. 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 Complaint Case No. C - 332 of 2019 (Trial No.1776 of 2020), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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 Centre for the purpose of reconciliation or for one time settlement.

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