Anil Kamat @ Anil Kamati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10159 of 2023 Arising Out of PS. Case No.-230 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Anil Kamat @ Anil Kamati Son Of Late Ram Prasad Kamat R/O Vill.- Sarisabpahi, P.S.- Pandaul, Distt.- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ful Devi Wife Of Anil Kamat @ Anil Kamati, D/O- Ram Jatan R/O Vill.- Pilakhwar, P.S.- Rajnagar, Distt.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498(A), 504 and 34 of the Indian Penal Code. 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.

Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. He submits that the opposite party no. 2 has performed second marriage with one Raju Kamati and from her present wedlock she produced two children, even after performing second

Patna High Court CR. MISC. No.10159 of 2023(2) dt.09-05-2023 2/2 marriage, she filed the present case only to blackmail and to vex the petitioner. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application. 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 C.R. Case No. 230 of 2019, 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 one time settlement. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T