Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29032 of 2024 Arising Out of PS. Case No.-385 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Umesh Mahto Son Of Late Nanhki Resident Of Village - Dhuralakh, P.S. - Muffasil, District - Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sunita Devi @ Sunita Kumari Wife Of Umesh Mahto Resident Of Village - Lakhua Pataili, P.S. - Ujiyarpur, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Adv.

For the State :

Mr. Suresh Prasad Singh, APP For the O.P. No.2 :

Mr. Anil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 323 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. Learned counsel for the petitioner submits 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

Patna High Court CR. MISC. No.29032 of 2024(4) dt.02-12-2024 2/2 the demand of dowry. He submits that the complainant is not ready to live in her matrimonial home. The petitioner has no criminal antecedent as mentioned in para-3 of this 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 C.R. No. 385 of 2019, 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 one time settlement.

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