Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31116 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Dhananjay Kumar Son of Sri Satyanarayan Singh Resident of Village - Birauwan Tola, P.S.- Natwar, District- Rohtas at Sasaram ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

Usha Devi Wife of Dhananjay Kumar, D/o- Late Laxman Singh Resident of Village - Birauwan Tola, P.S.- Natwar, District- Rohtas at Sasaram At present residing at Village - Hudaa, P.S.- Tarari, District- Bhojpur at Arrah ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who happens to be husband of the informant, is said to have not performed the 'Gauna' of the informant over non-fulfillment of the dowry demand. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.31116 of 2019(6) dt.13-11-2019 2/3 petitioner that no such occurrence as alleged ever took place. He did not make any demand of dowry. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. However, both the parties to the case have settled their dispute before the Patna High Court Mediation Center. Hence, the petitioner may be enlarged on bail.

Learned counsel for the opposite party no.2 turning before the Court has also conceded the factum of taking place of settlement between the parties before the Mediation Center.

Having regard to the facts and circumstances of the case, 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 117 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to further condition that the petitioner shall remain adhered to the terms of the

Patna High Court CR. MISC. No.31116 of 2019(6) dt.13-11-2019 3/3 settlement in future and in case of default at the hands of the petitioner, the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prakash Chandra Jaiswal, J) Trivedi/- U T