← Library
Patna High CourtCR. MISC./10440/2023allowed

Jayanth Kumar v. The State Of Bihar

2023-07-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10440 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== JAYANTH KUMAR S/O PRABHAT KUMAR JAISWAL Resident of - 202 Bansi Apartment, R.K. Bhattacharya Road, Exhibition Road Chauraha, Phulwari, P.S.- Gandhi Maindan, District- Patna, 800001 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shama Sinha For the Opposite Party/s :

Mr. Lalan Kumar Mr. Sachina Shashwat Mr. Sumit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 498A, 504, 506, 509 and 34 of the Indian Penal Code.

Petitioner, who is husband of informant/complainant, is said to have ousted the informant/complainant 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 drove her out of her matrimonial home nor tormented her over

Patna High Court CR. MISC. No.10440 of 2023(3) dt.07-07-2023 2/2 the demand of dowry. 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 Gandhi Maidan P.S. Case No.208 of 2022, 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

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