Amit Kumar @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17354 of 2023 Arising Out of PS. Case No.-1546 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Amit Kumar @ Amit Kumar Singh Son Of Late Gajendra Prasad Singh R/O Village- Koyalakhand, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

MADHU KUMARI D/O UPENDRA PRASAD SINGH, WIFE OF AMIT KUMAR SINGH PRESENT ADDRESS- J.D. 154 , MOHALLA- P.S.- PUL PRAHLADPUR SOUTH EAST, NEW DELHI- 110044 ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

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.

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 drove her out of her matrimonial home nor

Patna High Court CR. MISC. No.17354 of 2023(3) dt.03-07-2023 2/2 tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity as mentioned in para-14 of this application. 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.Petitioner has no criminal antecedent as mentioned in para-3 of this application. 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.1546 of 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

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