Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40136 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- BIHAR District- Nalanda ====================================================== ARUN KUMAR S/o Late Prem Prasad Resident of Mathnital (Mathnipur), P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PUJA KUMARI D/o Harinandan Prasad Resident of Mohalla- Gadhper, District- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP Mr.Sanjay Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498(A)/307/34 of the IPC, sections 3⁄4 of Dowry Prohibition Act and 27 of the Arms Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

Patna High Court CR. MISC. No.40136 of 2021(3) dt.16-05-2022 2/2 It is submitted by learned counsel for the informant that the informant-wife of the petitioner is also ready and willing to reside with the petitioner, provided, she is not tortured. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his 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) 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 Bihar P.S. Case No.404/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, both the parties are directed to appear before the learned Court below on 23.05.2022 and petitioner shall file an affidavit stating that he is ready and willing to live with his wife with full honour and dignity and from there he will take the informant-wife along with him to her matrimonial house.