Kundan Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54986 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== KUNDAN KUMAR PANDEY S/o SHRI NARENDRA PANDEY R/o VILLAGE-NAILI, P.S-NIMCHAKBATHANI, DISTRICT-GAYA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

NEVIDITA KUMARI W/o KUNDAN KUMAR PANDEY R/o VILLAGENAILI, P.S-NIMCHAKBATHANI, DISTRICT-GAYA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 504, 498A, 494 & 307 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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.

Patna High Court CR. MISC. No.54986 of 2021(2) dt.09-05-2022 2/3 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. Petitioner has no criminal antecedent.

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 A.C.J.M.-I, Hilsa, Nalanda in connection with Complaint Case No.398C of 2020, 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

Patna High Court CR. MISC. No.54986 of 2021(2) dt.09-05-2022 3/3 reconciliation or for one time settlement.

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