Balbeer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42291 of 2023 Arising Out of PS. Case No.-634 Year-2021 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== BALBEER KUMAR SON OF LATE PARSHURAM SINGH RESIDENT OF VILLAGE- MATHURAPUR, PS- RAHUI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRITI KUMARI WIFE OF BALBEER KUMAR RESIDENT OF VILLAGE- MATHURAPUR, PS- RAHUI, DISTRICT- NALANDA. AT PRESENT- D/O RADHA RAMAN PRASAD SINGH, RESIDENT OF MAGADH COLONY, PS- SOHSARAI, DISTRICT- NALANDA AT BIHARSHARIF ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Bansh Dubey, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard Mr. Raj Bansh Dubey, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The notice has validly been served upon the opposite party no.2, but nobody appears on her behalf.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A), 323, 34 of the Indian Penal Code .

4. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.42291 of 2023(3) dt.07-11-2023 2/3

5. 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. 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. It is further submitted that the petitioner is ready to keep her with full honour and dignity and this fact is also mentioned in para 14 of the bail application. Petitioner has no criminal antecedent.

6. 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. 634C of 2021, 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

Patna High Court CR. MISC. No.42291 of 2023(3) dt.07-11-2023 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) divyanshi/- U T