Chandan Saurabh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57419 of 2021 Arising Out of PS. Case No.-1161 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== CHANDAN SAURABH S/o Saroj Kumar Mahto Resident of Tekuna Pratapganj, P.S.- Pratapganj, District- Supaul, presently residing at Halhkhola Chhnapatti, Ward No. 17, Forbesganj, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rashmi Kumari W/o Chandan Saurabh Resident of Ramnagar, Ward No. 25, D.S. College Road, Katihar, P.S.- Katihar, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Jha For the Opposite Party/s :
Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
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.
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.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.57419 of 2021(2) dt.10-05-2022 2/3 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. 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.1161/2019, 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 reconciliation or for one time settlement.
Learned Court below is directed to dispose of the
Patna High Court CR. MISC. No.57419 of 2021(2) dt.10-05-2022 3/3 maintenance case as soon as possible.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T