Anjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33878 of 2023 Arising Out of PS. Case No.-1163 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ANJAN KUMAR SON OF LATE GIRIDHAR BHATTACHARYA R/O DUMRAMA, P.S.- AMARPUR, DISTRICT- BANKA (BIHAR). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

PRIYANKA KUMARI WIFE OF ANJAN KUMAR R/O VILLAGENAYACHAK, PURAB TOLA, NEAR EAST SIDE RAILWAY, P.O.- MIRJANHAAT, P.S.- MOJAHIDPUR, DISTRICT- BHAGALPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate Mr. Kumar Rajdeep, Advocate For the State :

Mr. Shantanu Kumar, APP For O.P. No.2 :

Mr. Ajay Mukherjee, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 498, 506, 120 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.33878 of 2023(2) dt.06-07-2023 2/3 offence. 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 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 Complaint Case No.1163 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.10,000/- (rupees ten thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall

Patna High Court CR. MISC. No.33878 of 2023(2) dt.06-07-2023 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned court below.

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) S.KUMAR/- U T