Amit Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44095 of 2023 Arising Out of PS. Case No.-603 Year-2022 Thana- BANIAPUR District- Saran ====================================================== AMIT KUMAR GIRI S/O SHAYAM BIHARI GIRI R/O Village- Karahi, P.S- Baniyapur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bholi Goswami W/O Amit Kumar Giri, D/O Bahadur Giri, at present residing at Village- Godna Mathiya, P.S- Rivilganj, Distt.- Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 313, 379, 498(A), 504, 506, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no. 2, 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 petitioner

Patna High Court CR. MISC. No.44095 of 2023(3) dt.07-12-2023 2/3 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.

5. 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 Baniyapur P.S. Case No. 603 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 5,000/- (Rupees Five Thousand) per month to the 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 no. 2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.44095 of 2023(3) dt.07-12-2023 3/3

7. It goes without saying that the aforesaid amount 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 in 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 Centre for the purpose of reconciliation or one time settlement.

10. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Ranjeet/- U T