Heera Lal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24660 of 2022 Arising Out of PS. Case No.-441 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== HEERA LAL MISHRA S/o Sri Anath Mishra Resident of Village- Mahuda More (Kandra), P.S.- Mahuda, District- Dhanbad (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

SUMAN KUMARI W/o Heera Lal Mishra, D/o Late Rajkumar Pandey Residing at Gurudwara Road, P.S.- Kotwali, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

Petitioner, who is husband of opposite party no.2, 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. Petitioner has neither made any dowry demand nor drover 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. It is further submitted that the petitioner has filed divorce case in the learned court below and thereafter the present FIR has been lodged

Patna High Court CR. MISC. No.24660 of 2022(2) dt.31-08-2022 2/2 O.P. No.2. 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 Kotwali P.S. Case No.441 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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 Centre for the purpose of reconciliation or for one time settlement.

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