Amlesh Kumar @ Amlesh Kumar Patel @ Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52556 of 2022 Arising Out of PS. Case No.-757 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== AMLESH KUMAR @ AMLESH KUMAR PATEL @ AMRESH KUMAR Son of Bir Bahadur Raut Resident of village - Khurshaha, P.S.- Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sunita Kumari Patel Daughter of Sukhal Raut Resident of village - Sukhbaina, P.S.- Malangwa, District - Nepal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the State :

Mr. Arun Kumar, APP For O.P. No.2 :

Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.52556 of 2022(3) dt.02-05-2023 2/3 offence. Petitioner has neither made any dowry demand nor drover 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 learned S.D.J.M., Sadar, Sitamarhi in connection with Complaint Case No.C-1-757/2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Petitioner is ready to pay Rs.4000/- (rupees four thousand) per month to opposite party no.2 in the second week of every month. If petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.52556 of 2022(3) dt.02-05-2023 3/3 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 appearing on behalf of O.P. No.2 is directed to furnish the bank account details of O.P. 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 Centre for the purpose of reconciliation or for one time settlement.

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