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Patna High CourtCR. MISC./53607/2024allowed

Rahul Yadav @ Chaita Yadav @ Chaitu Kumar v. The State Of Bihar

2024-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53607 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- PIRPAINTI District- Bhagalpur ====================================================== Rahul Yadav @ Chaita Yadav @ Chaitu Kumar Son of Bhonu Yadav R/O Vill.- Ram Nagar, P.s.- Pirpainti, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Punam Kumari Wife of Rahul Yadav @ Chaita Yadav @ Chaitu Kumar, D/O Ramji Yadav R/O Vill.- Daulatpur, P.s.- Ishipur Barahat, Dist.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. 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.

4. Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no offence. He submits that the petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor

Patna High Court CR. MISC. No.53607 of 2024(2) dt.31-08-2024 2/2 tormented her over the demand of dowry. He further submits that from bare perusal of the F.I.R. it would be evident that no date of the marriage has been given rather year 2021 is mentioned. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. 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 Pirpainti P.S. Case No. 126 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

6. 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.

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