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Patna High CourtCR. MISC./48031/2022allowed

Niranjan Kumar v. The State Of Bihar

2022-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48031 of 2022 Arising Out of PS. Case No.-741 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Niranjan Kumar Son of Annil Kumar Resident of Village - Linepar Mirzapur Nawada, P.S. and District - Nawada.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Nirmala Raj Kushwaha W/o Niranjan Kumar Resident of Village - Linepar Mirzapur North of Surya Mandir, Nawada, P.s. and District - Nawada. 3.

Neha Kumari D/o Bachhu Sah Resident of Village - Dumma Hirauta, P.S.- Hiramma, District - Sheohar.

... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party :

Mr. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned counsel for the A.P.P.

The petitioner apprehends his arrest in a case registered under sections 323, 498 (A) of the Indian Penal Code. The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and

Patna High Court CR. MISC. No.48031 of 2022(2) dt.06-12-2022 2/2 grudge. There is general and omnibus allegation against the petitioner. 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 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 Complaint Case No. 741 of 2021, subject to the conditions 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) Shahnawaz/- U T