Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13923 of 2023 Arising Out of PS. Case No.-1195 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SUDAMA KUMAR S/O LAXMAN SAH Resident of Village- Ahirauliya, P.S.- Chakiya, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

PRIYA KUMARI D/O SANTOSH SAH Resident of Village- Bediban, P.S.- Pipra, District- East Champaran.

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Ram Anurag Singh, APP For O.P. No.2 :

Mr. Binay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 307, 406, 379, 323, 504, 506 and 315 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. 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.

4. 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

Patna High Court CR. MISC. No.13923 of 2023(4) dt.18-07-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry. It is submitted that the petitioner had gone to his Sasural for taking his wife with the police, but the wife had denied to go with the petitioner. The police has submitted his report in this regard before the learned court below. 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.

5. Taking into consideration the facts aforesaid, 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.1195 of 2020, giving rise to Trial No.2335 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

6. 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.

Patna High Court CR. MISC. No.13923 of 2023(4) dt.18-07-2023 3/3

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