Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32358 of 2023 Arising Out of PS. Case No.-69 Year-2021 Thana- MAHILA P.S. District- Purnia ====================================================== CHANDAN KUMAR SAH son of Late Birendra Sah Resident of VillageKhirni Bazar, Madardhat, Ward No.- 09, P.S.- Kasba, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari D/o of Dinesh Prasad Sah Resident of Village- Tinpaniyan, Kasba, Ward No. 5, P.S. Kasba, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

Though vakalatnama is filed on behalf of the O.P. No.2 but nobody appeared on her behalf.

The petitioner apprehends his arrest in a case registered under sections 341, 323 and 498A/34 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and grudge.

Patna High Court CR. MISC. No.32358 of 2023(2) dt.24-06-2023 2/2 There is general and omnibus allegation against the petitioner. 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. Petitioner is ready to keep his wife with full honour and dignity. In 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 Mahila P.S. Case No.69/2021, subject to the conditions 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.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) ajay/- U T