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Patna High CourtCR. MISC./47417/2023allowed

Arvind Kumar v. The State Of Bihar

2023-10-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47417 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- SIKTI District- Araria ====================================================== ARVIND KUMAR SON OF RAMESHWAR PRASAD SINGH RESIDENT OF VILLAGE- GORGAMA, WARD NO. 02, P.S.- FULPRAS, DIST.- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GEETA RAY DAUGHTER OF GANGA PRASAD RAY WIFE OF ARVIND KUMAR, RESIDENT OF VILLAGE- UFRAIL CHOWK, WARD NO.- 09, P.S.- SIKTY, DISTRICT- ARARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

Mr. Kumar Ravish, Adv.

Mr. Kashyap Kaushal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsels for the parties.

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

3. Petitioner, who is husband of informant, is said to have tortured the informant physically and mentally in association of his family members over the dowry demand and when the informant raised objection against his illegal demand, the petitioner has solemnized his second marriage.

Patna High Court CR. MISC. No.47417 of 2023(3) dt.06-10-2023 2/3

4. 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 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.

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 Sikty P.S. Case No. 04 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

Patna High Court CR. MISC. No.47417 of 2023(3) dt.06-10-2023 3/3

7. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T