Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16350 of 2019 Arising Out of PS. Case No.-4528 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Mithlesh Kumar, S/o Arjun Chaudhary, R/o - Vill- Behrwan Chakiyapar Shorampur, P.S. and P.O.- Pipra, District - Patna, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinky Kumari W/o Mithlesh Kumar, D/o Jhapsi Chaudhary R/o MohallaHanuman Nagar Yogipur, P.S. and P.O.- Patrakarnagar, District - Patna800020. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Anand, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner, learned counsel for the O.P. No. 2 and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 4528 of 2017, registered under Section 4 of the Dowry Prohibition Act.

The accusation is that after marriage, complainantopposite party no. 2 went at her Sasural with gifted articles and stayed there about 10 days. In that period, she came to know that her husband is of bad character and has illicit relation with Nilma Devi. On making objection, she was being assaulted by her husband and inlaws then she informed to her parents. Thereafter, demand of Rs.2,,00,000/- was being made for doing the business.

Patna High Court CR. MISC. No.16350 of 2019(4) dt.20-09-2019 2/2 Learned counsel for the petitioner submits that, in fact, after marriage, complainant-opposite party no. 2, who was women in suspicious nature, started to made allegation against the petitioner having concubine and created nuisance and thereafter, Panchayati was arranged, in which, articles and cash of Rs.80,000/- was taken by the complainant-opposite party no. 2 and both decided to live separate, which would appear from annexure 2 to the petition. After filing the present case, the matter was referred before the Mediation Centre, Patna High Court, Patna, where members of Panchayat had also come there and supported the aforesaid fact in favour of the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna Sadar, in connection with Complaint Case No. 4528 © of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T