Avinash Kumar @ Avinash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54833 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Avinash Kumar @ Avinash Chaudhary Son Of Braj Bhushan Chaudhary R/VVillage- Kolhanta Patori, P.S.- Moro, Distt.- Dharbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari Wife Of Avinash Kuma @ Avinash Chaudhary R/V- Gaushala Chowk Ghora Bazar, Sitamarhi, P.S.-Punaura, Distt.- Sitamarhi, At PresentResident Of Village- Kolhanta Patori,P.S.- Moro, Distt.- Dharbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the O.P. No.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Notice has been validly served upon the 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 under sections 498(A), 323, 34 of the IPC and Section 3⁄4 of Dowry Prohibition Act.

4. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

5. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence.

Patna High Court CR. MISC. No.54833 of 2024(3) dt.18-11-2024 2/2 Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Darbhanga Mahila P.S. Case No. 97 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) Guddu/- U T