Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33256 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== ANAND KUMAR SON OF UMESH PRASAD RESIDENT OF VILLAGECHAK MAHILA, GAUSHALA ROAD WARD No.5, NEAR RINGH BANDH SITAMARHI, P.S.- SITAMARHI, DISTRICT- SITAMARHI. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

MANIKA RANI WIFE OF ANAND KUMAR, DAUGHTER OF LATE SURESH CHANDRA PURVEE RESIDENT OF VILLAGE- AMGHATTA ROAD WARD No.2, DUMRA, P.S.- DUMRA, DISTRICT- SITAMARHI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Santosh Kumar, Advocate For the State :

Mr. Asha Kumari, APP For O.P. No.2 :

Mr. Hans Lal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 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 offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over the demand of

Patna High Court CR. MISC. No.33256 of 2022(3) dt.22-09-2022 2/2 dowry. He is still ready to keep her with full honour and dignity. 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. C1-362/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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) Sanjay/- U T