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Patna High CourtCR. MISC./37203/2023allowed

Ajit Bind v. The State Of Bihar

2024-01-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37203 of 2023 Arising Out of PS. Case No.-128 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== AJIT BIND SON OF MAHENDRA BIND RESIDENT OF VILLAGEBELCHISHARIF, PS- MANPUR, DISTRICT0 NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

ARTI DEVI WIFE OF AJIT BIND RESIDENT OF VILLAGE- BELCHI, PS- MANPUR, DISTRICT- NALANDA, AT PRESENT DAUGHTER OF RAJESH BIND, RESIDENT OF BADARABAD, PS- AKANGARSARAI, DISTRICT-NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudal Singh For the Opposite Party/s :

Mr. Jitendra Kumar Singh Mr. Shyam Kishore Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 341, 323, 504, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have assaulted the opposite party no.2 and also ousted her from her matrimonial home in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.37203 of 2023(3) dt.15-01-2024 2/3

4. 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 drove her out of her matrimonial home nor tormented her over the demand of dowry. He submits that petitioner has two criminal antecedent. He further submits that after filing of the present FIR, the complainant has lodged a complaint case against the petitioner on 04.06.2022 for similar nature of offence (Annexure-2).

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

6. Having regards to the facts and circumstances of the case as well as considering that two cases has been filed against the petitioner by the O.P. No.2 for the similar offence, 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 Mahila P.S. Case No.128 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

Patna High Court CR. MISC. No.37203 of 2023(3) dt.15-01-2024 3/3

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 for one time settlement.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T