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Patna High CourtCR. MISC./48911/2019allowed

Binod Das v. The State Of Bihar

2021-12-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48911 of 2019 Arising Out of PS. Case No.-181 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== BINOD DAS Son of Nageshwar Das Resident of Village - Nawadih, P.S.- Barachatti, Dist.- Gaya, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Reena Devi, W/o Binod Das , D/o Ranvijay Das Resident of Village - Nawadih, P.S.- Barachatti, Dist.- Gaya, At Present - Village - Dharhara, P.S.- Mohanpur, Dist.- Gaya.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

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

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.

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

Patna High Court CR. MISC. No.48911 of 2019(7) dt.07-12-2021 2/2 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 Complaint Case No.181/2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 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. (Anjani Kumar Sharan, J) Trivedi/- U T