Pintu Kumar @ Pintu Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33278 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- KHUDAGANJ District- Nalanda ====================================================== Pintu Kumar @ Pintu Ravidas Son Of Kameshwar Ravidas @ Rameshwar Ravidas Resident Of Village - Chourma, P.S.- Khudaganj, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbu Kumari Wife of Pintu Kumar @ Pintu Ravidas Resident of village - Ganpura, P.S.- Chandi, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 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.

Learned counsel for the petitioner submits that in the present case notices have been issued to opposite party no. 2 vide order dated 23.06.2022 and 23.09.2022 by both process on two occasions. The notices have been returned unserved with

Patna High Court CR. MISC. No.33278 of 2021(8) dt.23-01-2023 2/3 note that the opposite party no. 2 does not reside at this place. He submits that the deponent tried his best to locate the present address of opposite party no. 2 but he could not get the same. However, during the search, deponent came to know that opposite party no. 2 is at Delhi, Punjab or at Haryana with some known person.

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 tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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

Patna High Court CR. MISC. No.33278 of 2021(8) dt.23-01-2023 3/3 with Khudaganj P.S. Case No. 31 of 2020, 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.

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