Surendra Kumar @ Surendra Kumar Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49513 of 2024 Arising Out of PS. Case No.-1007 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Surendra Kumar @ Surendra Kumar Chaupal Son Of Lalo Chaupal VillageTenua,P.S.-JAMALPUR,DISTT.-Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lalita Kumar W/O-Surendra Kumar @SURENDRAKUMAR Chaupal, D/O-Rabbichaupal Village-Tanua Tola(Helgama),P.S.-JAMALAPUR, Distt.- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the parties.
2. Though the notice has validly been served on the opposite party no. 2, but nobody appears on behalf of opposite party no. 2.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the D.P. Act.
4. 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.
5. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.49513 of 2024(4) dt.13-11-2024 2/2 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 no criminal antecedent as mentioned in para-3 of this application.
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. 1007C of 2023, 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T