← Library
Patna High CourtCR. MISC./12696/2023allowed

Anjeet Kumar v. The State Of Bihar

2023-06-27Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12696 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Anjeet Kumar Son of Muneshwar Prasad @ Muneshwar Singh R/o Village Parthumath, P.O. Daniawan Pendapur, P.S. Ekangersarai, District Nalanda (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nilu Kumari W/o Anjeet Kumar and D/o Shre Dev Nandan Prasad R/o Vill.- Parthumath, P.O. Daniawan Pendapur, P.S. Ekangersarai, Distt. Nalanda (Bihar), Presently Residing At Vill. Juafar Bazar, P.S. Nalanda, Distt. Nalanda, Bihar.

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

For the Petitioner :

Mr. Shiv Pratap, Advocate For the State :

Mr. Akshay Lal Pandit, APP For O.P. No.2 :

Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 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 Sections 323, 341, 498(A), 406 and 34 of the Indian Penal Code as well as under 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

Patna High Court CR. MISC. No.12696 of 2023(3) dt.27-06-2023 2/3 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. 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.158C of 2022, 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

Patna High Court CR. MISC. No.12696 of 2023(3) dt.27-06-2023 3/3 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) S.KUMAR/- U T