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Patna High CourtCR. MISC./49518/2023allowed

Raja Babu @ Pankaj Kumar v. The State Of Bihar

2024-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49518 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Raja Babu @ Pankaj Kumar Son Of Dhanraj Paswan Resident Of Laxmi Sagar (Mukhiyajee Pokhar), Road O. 5, Police Station-L.N.M.U., Darbhanga, District-Darbhanga ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Gauri Kumar D/O Of Ramprit Paswan, W/O Of Raja Babu @ Pankaj Paswan Resident Of Ward No. 16, Laxmi Sagar Colony, Police StationL.N.M.U., District-Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Das, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2024 Heard learned counsel for the parties.

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

3. 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.

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

Patna High Court CR. MISC. No.49518 of 2023(4) dt.24-01-2024 2/2 the demand of dowry. The matter of fact petitioner is aged 25 Years and the complainant is aged about 30-31 years old. The real age of the complainant was suppressed by her family members at the time of marriage. Petitioner has filed a Divorce Case No. 5 of 2023 in the lower court is pending.

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 Complaint Case No. 03 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.

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