Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41529 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.
Ajit Kumar S/O Ishwari Dayal Prasad @ Ishwari Dayal Prasad Chaurasia @ Ishwari Dayal Chaurasia R/O Village- Chintamanpur, P.S- Mehsi, Distt.- East Champaran (Motihari).
2.
Dhurendra Chaurasiya @ Dhurendra Bhagat S/O Late Ramdev Bhagat Chaurasia @ Ramdev Bhagat R/O Village- Jitwarpur, P.S- Govindganj, Distt.- East Champaran (Motihari).
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Annu Devi D/O Dhurendra Prasad Chaurasia R/O Village- Rawtith, P.SBaikunthpur, Distt.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh For the Opposite Party/s :
Mr. Nitya Nand Tiwary Mr. Rajeev Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioner no. 1, 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.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.41529 of 2023(4) dt.19-09-2023 2/3 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. Petitioner no. 2 is brother-in-law of the opposite party no. 2. 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.
5. In that view of the matter, let the above named petitioners, be released on bail, in the event of their 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) each 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 Baikunthpur P.S. Case No. 390 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner no. 1 is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party
Patna High Court CR. MISC. No.41529 of 2023(4) dt.19-09-2023 3/3 no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.
9. 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.
10. Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J) anand/- U T