Kamal Nayan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48232 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- MAHILA P.S. District- Nawada ====================================================== KAMAL NAYAN JHA S/O ASHOK JHA Resident of Village- Devanpura Kadirganj, P.S.- Kadirganj, District- Nawada. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Seema Jha D/O Prabhakar Jha, R/o Vill/Mohalla- Railway Colony, Near Pridarshani School, Quarter no. 224/1, P.S. Kotwali, Dist- Shahdol State- M.P. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP For the Informant :
Mr. Sudhakar Ranjan Diwakar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the parties.
Learned counsel for the opposite party no. 2 has filed a counter affidavit.
Let it be kept on record.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 506, 354(B) and 34 of the Indian Penal Code and Section 3⁄4 of 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
Patna High Court CR. MISC. No.48232 of 2022(4) dt.16-02-2023 2/3 dowry demand.
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. 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 Nawada Mahila P.S. Case No. 02 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.5,000/- (Rupees Five Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.
Patna High Court CR. MISC. No.48232 of 2022(4) dt.16-02-2023 3/3 at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.
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. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T