Sri Kamlesh @ Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20485 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== SRI KAMLESH @ KAMLESH PRASAD Sheopujan Prasad Resident of Village - Siyanvak, P.S.- Badhaila, Distt.- Rohtas. At Present - Plot No.64 (F), Flat No.101, Narmada Tulsi Apartment, Dobi Nagar Corporate Housing Society Nike Nagar mandava Ring Road, Nagpur (Maharastra). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nikita Kumari @ Gudia W/o Kamlesh, D/o Late Raju Sharma, Parmanent address Resident of Village - and Post.- Siyanvak, P.S.- Badhaila, Dsit.- Rohtas., C/o Baban Singh, Ward No.18, P.S.- Dehari, P.o.- Dalmiya Nagar, Dsit.- Rohtast. (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A & 406 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no.2., is said to have ousted the opposite party no.2 from her

Patna High Court CR. MISC. No.20485 of 2020(4) dt.06-12-2021 2/3 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 tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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. 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.120/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.20485 of 2020(4) dt.06-12-2021 3/3 referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement. (Anjani Kumar Sharan, J) Trivedi/- U T