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Patna High CourtCR. MISC./16281/2024allowed

Sonu Raj v. The State Of Bihar

2024-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16281 of 2024 Arising Out of PS. Case No.-95 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== Sonu Raj s/o Durga Prasad Resident Of Village- Ward No 9 near Oil Dipo, Agarpur, P.S- Lalganj, District- Vaishali. At present R/O Mohalla- Durga Charan Lane, Patnacity, P.S- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Smt. Nitu Devi W/O Sonu Raj, D/O Sri Manoj Kumar At present infront of Manoj Niwas Shail Kutir Nab Ratanpur gali No. 1, Postal Park, P.SJakkanpur, Kankarbagh, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 498A, 34 of the Indian Penal Code.

3.

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.

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.16281 of 2024(2) dt.14-03-2024 2/2 drove her out of her matrimonial home nor tormented her over 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.

5.

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 Mahila Gardanibagh P.S. Case No.95 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 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 Center for the purpose of reconciliation or for one time settlement.

7.

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