Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42773 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Anil Kumar Son of Sheshnath Ram R/O Village- Bagadhi, P.S.- Ramgarh, Dist.- Kaimur At Bhabhua ... ... Petitioner/s
Versus
1.
The State Of Bihar Patna 2.
Maya Kumari W/O Anil Kumar D/O Sri Ram Ram R/O Vill.- Bagadhi, P.S.- Ramgarh, Dist.- Kaimur at Bhabhua. At Present- R/O Vill.- Baraura, P.S.- Ramgarh, Dist.- Kaimur At Bhabhua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parwej Khan, Adv.
For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== 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, despite valid service of notice, nobody has entered appearance on behalf of the O.P. No.2. 2.
The petitioner apprehends his arrest in a case registered under sections 498(A), 323 and 34 of the IPC. 3.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 4.
It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. 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
Patna High Court CR. MISC. No.42773 of 2024(4) dt.03-12-2024 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.
5.
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 Complaint Case No.109 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.
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