Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12712 of 2023 Arising Out of PS. Case No.-1530 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== ADITYA KUMAR S/O LATE AMBIKA PRASAD YADAV R/v- Nandani Balthara, P.S.- Mohiuddin Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjai Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP For the Complainant :

Mrs.Rina Sinha, Adv.

Mr.Dhirendra Prasad Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498(A) of the IPC.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of a motorcycle as dowry.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. It is submitted that the complainant is not the legally wedded wife of petitioner and as such, no offence u/s 498 A of the IPC is made out against the petitioner. It is further submitted that the

Patna High Court CR. MISC. No.12712 of 2023(2) dt.28-04-2023 2/2 petitioner was forcibly made to perform some marriage rituals by the family of the complainant. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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.1530/2021, 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) pallavi/- U T