Harendra Kumar Ram @ Harendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55840 of 2023 Arising Out of PS. Case No.-659 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== HARENDRA KUMAR RAM @ HARENDRA PRASAD Son of Yogendra Kumar @ Yogendra Prasad Resident of vill - Mubarakpur Tarachak, P.S. - Danapur, Distt. - Patna. At present he is working in S.S.E. work/BKP (Bakhtiyarpur), P.O. and P.s. - Bakhtiyarpur, Distt. - Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mamta Kumari Wife of Harendra Kumar Ram @ Harendra Prasad, D/o Mohan Prasad R/o vill - Mubarakpur Tarachak, P.S. - Danapur, Distt. - Patna , At present Choughara Gali, P.S. - Khajekalan, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ful Man Singh, Adv.

For the Opposite Party/s :

Ms.Sharda Kumari, APP.

Mr. Rudra Deo, Adv.

Mr. Harihar Prasad Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379, 498(A), 120(B), 504 of the Indian Penal Code and 3⁄4 of D.P. Act.

3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and ousted her from her matrimonial home in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.55840 of 2023(4) dt.27-02-2024 2/3

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. It is further submitted that both the petitioner and the complainant are living happily and peacefully. This fact is also not denied by learned counsel for the complainant. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the opposite party no.2 opposes the prayer for bail.

6. In that view of the matter, as both the parties are living peacefully, 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. 659 of 2022, 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

Patna High Court CR. MISC. No.55840 of 2023(4) dt.27-02-2024 3/3 reconciliation or one time settlement.

8. Accordingly, this application stands allowed. (Anjani Kumar Sharan, J) divyanshi/- U T