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Patna High CourtCR. MISC./25686/2022allowed

Niraj Kumar Ranjan @ Niraj Kumar v. The State Of Bihar

2022-11-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25686 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- MAHILA P.S. District- Munger ====================================================== NIRAJ KUMAR RANJAN @ NIRAJ KUMAR SON OF YOGENDRA DAS RESIDENT OF VILLAGE- AMBEDKAR NAGAR. P.S- NAYARAM NAGAR, DIST- MUNGER ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

NANDANI DEVI @ NANDANI WIFE OF RUPESH PASWAN D/O LATE GARIB PASWAN RESIDENT OF MOHALLA- JAKARPURA, RENTER IN THE HOUSE OF MANOJ PASWAN, P.S- SURYAGARHA, DISTLAKHISARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravish Mishra For the Opposite Party/s :

Mrs. Sharda Kumari Mr. Prashant Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 498A of IPC and section 3⁄4 of the D.P Act.

Allegedly, the marriage of the informant was solemnized with the petitioner in a temple at Suryagarha. It is further alleged that the petitioner ousted the informant from his house and took away all her gold ornaments and has also demanded dowry from her.

Patna High Court CR. MISC. No.25686 of 2022(3) dt.09-11-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that the O.P. No.2 has married twice, one with Gopal Paswan in the year 2009 and the second one with Rupesh Paswan in the year 2011 and from the second wedlock she is also having three children. 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. Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail by submitting that the petitioner has demanded Rs.5 lakhs as dowry from the O.P. No.2 .

Having regard to the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.25686 of 2022(3) dt.09-11-2022 3/3 below where the case is pending/Successor Court in Mahila Thana P.S. Case No.34 of 2021, subject to the conditions 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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