Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36918 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== DINESH KUMAR SON OF SHREEKANT THAKUR R/O-PARSA BAZAR, CHANAKYA COLONY, P.O.-KURTHAUL, P.S.-PARSA BAZAR, DISTT.- PATNA, PIN-804453 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
JULEE KUMARI WIFE OF DINESH KUMAR DAUGHTER OF SUNIL SHARMA, R/O-NEAR PIPAL TREE, NEAR RAMKRISHANA NAGAR POLICE STATION, P.O.-RAMKRISHANA NAGAR, P.S.- RAMKRISHANA NAGAR, DISTT.-PATNA, PIN-800027 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Nandan Kumar, Adv.
For the Opposite Party/s :
Mr.Nityanand, APP.
Mr. Sanjay Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 313, 504, 34 of the Indian Penal Code and 3⁄4 of D.P. Act .
3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally in association of his family members over the dowry demand.
Patna High Court CR. MISC. No.36918 of 2023(2) dt.18-07-2023 2/3 He also tried to kill the informant.
4. 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. They have been living separately for more than four to five years due to illicit relationship of the informant with one Sub-Inspector of Police Sunil Kumar Sharma. Petitioner has also filed two cases against them i.e. Complaint Case No. 11981 of 2022 and Matrimonial Case No. 1454 of 2022. Thereafter, to save her skin, informant filed the present case against the petitioner.
5. 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 Parsabazar P.S. Case No. 41 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. If so advised, either of the parties will be at liberty to
Patna High Court CR. MISC. No.36918 of 2023(2) dt.18-07-2023 3/3 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) divyanshi/- U T