Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20048 of 2023 Arising Out of PS. Case No.-252 Year-2019 Thana- BIKRAM District- Patna ====================================================== Mukesh Kumar S/O Late Bhola Prasad Gupta Resident Of MohallaBakarganj, Bajaj Gali, P.S.-Pirbahore, Distt.-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RINA DEVI Wife of Sri Mukesh Kumar, D/O Sri Raju Gupta Resident of Village-Raju Churi Shop, Kali Mandir Road, P.S.-Bikram, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 506 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. He submits that the petitioner has already filed Matrimonial Case vide Matrimonial Case No. 406 of 2019 which is pending before the learned Principal Judge,

Patna High Court CR. MISC. No.20048 of 2023(2) dt.27-06-2023 2/2 Family Court, Patna. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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 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 Bikram P.S. Case No.

252 of 2019, 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 one time settlement.

devendra/- (Anjani Kumar Sharan, J) U T