Santosh Kumar @ Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49561 of 2021 Arising Out of PS. Case No.-1036 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== SANTOSH KUMAR @ SANTOSH MAHTO SON OF VISHWANATH MAHATO R/O VILLAGE- NARAYANPUR, P.S.- PIPARADHI, DISTRICTSHIVHAR. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GUDIYA KUMARI WIFE OF SANTOSH KUMAR @ SANTOSH MAHATO, D/O - SHAMBHU BHAGAT R/O VILLAGE- NARAYANPUR, P.S.- PIPARADHI, DISTRICT- SHIVHAR, AT PRESENT VILLAGESURGAHIYA, P.S.- BATHNAHA, DISTRICT- SITAMARHI ... ... Opposite Parties.

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the O.P. No.2 : Mr. Mahendra Thakur, Advocate For the State :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

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

Patna High Court CR. MISC. No.49561 of 2021(2) dt.26-04-2022 2/2 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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 Complaint Case No.

1036/2020, 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