Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33703 of 2023 Arising Out of PS. Case No.-184 Year-2007 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Pawan Kumar S/O Mahendra Prasad R/O Village- Aata Sarai, P.S.-Islampur, District-Nalanda At Present Residing In The Rented House Of Nandajee Kesharvani Baniya Mohalla-Pathak Toli, P.S. And Dist.-Jehanabad ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Smt. Kiran Devi W/O Pawan Kumar R/O Village Aata Sarai, P.S. Islampur, District-Nalanda At Present Residing In The Rented House Of Nandajee Kesharvani Baniya, Mohalla-Pathak Toli, P.S. And District-Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Srivastava For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the parties.
2. Inspite of valid service of notice upon the opposite party no. 2, none is appeared on her behalf.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 379, 504, 120(B) of the Indian Penal Code.
4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has
Patna High Court CR. MISC. No.33703 of 2023(4) dt.06-02-2024 2/2 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. 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.
6. In that view of the matter, let the above named petitioner, be released on anticipatory 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. C184 of 2007, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
7. 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 Center for the purpose of reconciliation or one time settlement. devendra/- (Anjani Kumar Sharan, J) U T