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Patna High CourtCR. MISC./54743/2024allowed

Chandan Sah @ Chandan Kumar Gupta v. The State Of Bihar

2024-11-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54743 of 2024 Arising Out of PS. Case No.-139 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Chandan Sah @ Chandan Kumar Gupta S/o Ram Chandar Sah R/o Village Ulli, PS Nauthatta, Distt Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pratima Devi W/o Chandan Sah@Chandan Kumar Gupta R/O VillageDawanpur, P.O- Karbadiya, Ps- Sasaram , District- Rohtas At Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the parties.

2. Though notice has validly been served on opposite party no. 2, but nobody appeared on behalf of the opposite party no. 2.

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

4. 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.

5. 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.54743 of 2024(4) dt.14-11-2024 2/2 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. It is submitted by learned counsel for the petitioner that the complainant does not want to reside at her matrimonial house. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. 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. 139(C) of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

7. 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.

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