Kaushik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50058 of 2022 Arising Out of PS. Case No.-1429 Year-2019 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== KAUSHIK KUMAR Son of Kapil Deo Thakur R/O Village - Panapur Dilwarpur Gowardhan, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Juli Kumari Wife of Kaushik Kumar D/O Dinesh Thakur, R/O Village - Panapur Dilwarpur Gowardhan, P.S.- Bidupur, District - Vaishali, At present residing at Village - Chaksikandar, P.S.- Bidupur, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

Petitioner, who is husband of opposite party no.2, 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 petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over

Patna High Court CR. MISC. No.50058 of 2022(2) dt.08-12-2022 2/3 the demand of dowry. He is still ready to keep her with full honour and dignity. It is further submitted that O.P. No.2 after deserting the house of the petitioner has solemnized second marriage with one Bhushan Thakur, which is apparent from the certificate issued by the concerning Mukhiya of the said village where she is residing. 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. C1 - 1429/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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 Centre for the purpose of

Patna High Court CR. MISC. No.50058 of 2022(2) dt.08-12-2022 3/3 reconciliation or for one time settlement.

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