Animesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48243 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== ANIMESH KUMAR S/o Jayant Kumar Singh R/o village- Muktapur,P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bikki Kumari W/o Animesh Kumar, D/o Harendra Prasad R/o villageMuradpur, Narkatiya, P.S.- Suppi, District- Sitamarhi ... ... Opposite Parties.

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

For the Petitioner/s :

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

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

Petitioner, who is husband of opposite party no2., 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 drove her out of her matrimonial home nor tormented her over the

Patna High Court CR. MISC. No.48243 of 2021(2) dt.26-04-2022 2/2 demand of dowry. He is still ready to keep her with full honour and dignity. Before filing of the present case, the petitioner has filed a divorce case bearing No.50/2020 in the Court of Principal Judge, Family Court, Samastipur against the informant. 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 Suppi P.S. Case No.20 of 2021, 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

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