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Patna High CourtCR. MISC./52644/2021allowed

Alok Kumar v. The State Of Bihar

2022-04-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52644 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- BEUR District- Patna ====================================================== ALOK KUMAR S/o SHRI SUSHIL KUMAR GAUR R/o SHIVPURI COLONY, KACHI PAKKI, RATWARA, MADHOPUR ROAD, P.S-SADAR, DISTRICT-MUZAFFARPUR, PIN CODE-842002.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar Sinha For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State but in spite of putting appearance through vakalatnama there is no representation on her behalf. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is alleged husband of opposite party no.2, is said to have ousted her from her matrimonial home in association of his family members over the dowry demand. 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

Patna High Court CR. MISC. No.52644 of 2021(2) dt.26-04-2022 2/2 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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. 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 Beur P.S. Case No.

18 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 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 for one time settlement.

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