Patna High CourtCR. MISC./34157/2022allowed

Dheeraj Kumar v. The State Of Bihar

2022-09-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34157 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MAHILA P.S. District- Rohtas ====================================================== DHEERAJ KUMAR SON OF SHIO NARAYAN JHA R/O VILLAGEPASIA, P.S.- BELHAR, DISTRICT- BANKA ... ... Petitioner/s

Versus

The State of Bihar 2.

SANGEETA KUMARI D/O- LATE ARJUN JHA R/O MOHALLACOMPANY SARAI, WARD NO.-12, (HOUSE OF SRI PARAS LAL), P.S.- SASARAM (NAGAR), DISTRICT- ROHTAS ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35957 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MAHILA P.S. District- Rohtas ====================================================== 1.

SAROJANI DEVI WIFE OF SHIO NARAYAN JHA R/O- VILL- PASIA, P.S.- BELHAR, DIST.-BANKA 2.

SHIO NARAYAN JHA SON OF LATE DIWAKANT JHA R/O- VILLPASIA, P.S.- BELHAR, DIST.-BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 34157 of 2022) For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP Mr.Ambuj Nayan Chaubey, Adv.

(In CRIMINAL MISCELLANEOUS No. 35957 of 2022) For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within three weeks. In the eventuality of non-

Patna High Court CR. MISC. No.34157 of 2022(2) dt.22-09-2022 2/3 removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered under sections 341, 323, 498(A), 504, 506/34 of the IPC and sections 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that petitioners are innocent persons and have committed no offence. Petitioners have never made any dowry demand and have been falsely implicated in the present case due to grudge. Petitioner Dheeraj Kumar is the husband of the informant and petitioners namely Sarojani Devi and Shio Narayan Jha are the mother-inlaw and father-in-law of the informant. Reliance has been placed 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. It is submitted that the petitioner-husband namely Dheeraj Kumar is ready and willing to keep his wife with full honour and dignity. It is submitted by learned counsel for the informant that the informant-wife of the petitioner does not wants to live with her husband.

Patna High Court CR. MISC. No.34157 of 2022(2) dt.22-09-2022 3/3 Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their 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) each 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 Sasaram Mahila P.S. Case No.13/2022, subject to the condition 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.

(Anjani Kumar Sharan, J) pallavi/- U T