Mohan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27099 of 2020 Arising Out of PS. Case No.-99 Year-2019 Thana- COMPLAINT CASE District- Sheohar ====================================================== 1.

MOHAN PANDIT S/o Nathuni Pandit Resident of Village-Rampurkesho, Bichla Tola, P.S.-Shyampur Bhatahan, District-Sheohar. 2.

Sunita Devi W/o Mohan Pandit Resident of Village-Rampurkesho, Bichla Tola, P.S.-Shyampur Bhatahan, District-Sheohar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kiran Devi W/o Mohan Pandit, D/o Kishori Pandit Resident of VillageRampurkesho, Bichla Tola, P.S.-Shyampur Bhatahan, District-Sheohar, presently at village-Parsauni Baij, P.S.-Piprahi, District-Sheohar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mr.Hans Lal Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard the parties.

The petitioners apprehend their arrest in a case registered under sections 323, 494, 498(A) of the IPC.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. Further allegation is that the complainant has been ousted from the matrimonial house.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. Petitioners have never made any dowry demand and have been falsely implicated in the present case due to grudge. Petitioners

Patna High Court CR. MISC. No.27099 of 2020(3) dt.07-12-2021 2/2 are the husband and his second wife. 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.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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.C1-99/2019, 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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