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Patna High CourtCR. MISC./20821/2023bail granted

Sunil Kumar @ Sushil v. The State Of Bihar

2024-01-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20821 of 2023 Arising Out of PS. Case No.-1270 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Sunil Kumar @ Sushil Son Of Ram Bilash Sah R/O Village - Mojahidpur, Post And P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Lalita @ Rinki Wife of Sunil Kumar @ Sushil D/o of Sri Chandrika Prasad Sah, R/o village - Priyadarshini Nagar, Holding No.- 34, P.O. and P.S.- Tilkamanjhi, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the parties.

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

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. 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.20821 of 2023(4) dt.29-01-2024 2/2 tormented her over the demand of dowry. He further submits that the complainant is also a working person. 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.

5. In that view of the matter, let the above named petitioner, be released on anticipatory 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. 1270 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. (Anjani Kumar Sharan, J) devendra/- U T