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Patna High CourtCR. MISC./16348/2024allowed

Vikash Kumar Nayak @ Vikash Nayak v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16348 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Vikash Kumar Nayak @ Vikash Nayak S/o Late Jay Prakash Nayak R/o Vill - Jagta kharsahi, Ward No. 05, P.S. - Raniganj, District - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shilpi Nayak D/o Umesh Nayak R/o Vill - Jagta Kharsahi, Ward No. 06, P.S. - Raniganj, Dist. - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Adv.

Mr. Dheeraj Kumar, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally 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 he has committed no offence. He has neither made any dowry demand nor tormented her over the demand of dowry. There is no allegation

Patna High Court CR. MISC. No.16348 of 2024(2) dt.14-03-2024 2/2 of tampering the evidence against the petitioner. He has no criminal antecedent, as mentioned in para 3 of the bail application.

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 Raniganj P.S. Case No. 312 of 2023, 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) divyanshi/- U T