Raja Kumar Ray @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47872 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Raja Kumar Ray @ Raja Kumar Son of Sri Shyam Babu Ray R/o VillageFatehpur Chain, Police Station- Awtarnagar, District- Saran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh, Adv.

For the State :

Mr.Manoj Kumar, APP For the O.P. No.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State. However, nobody appears on behalf of the O.P. No.2.

2.

Petitioner apprehends his arrest in a case registered u/s 341, 323, 498-A, 504, 506, 34 of the IPC r/w sections 3⁄4 of Dowry Prohibition Act.

3.

Vide order dated 23.09.2024, matter was referred to the mediation Centre but the matter could not be settled. 4.

Allegation against the petitioner is of committing torture upon his wife (O.P. No.2) and of ousting her out of the matrimonial house due to non-fulfillment of demand of dowry. 5.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence.

Patna High Court CR. MISC. No.47872 of 2024(4) dt.03-12-2024 2/2 Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. 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.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his 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) 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 Awatarnagar P.S. Case No.348/2023, 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 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