Hemant Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54287 of 2022 Arising Out of PS. Case No.-681 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== HEMANT KUMAR JHA Son of Madan Mohan Jha Resident of Village - Garha, P.S.- Runnisaidpur, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ishita Jha Wife of Hemant Kumar Jha Daughter of Krishneshwar Jha, Presently residing with her father at village - Sundarkhauli, P.O.- Basua, P.S.- Aurai, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of O.P. No.2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Sections 3/4 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

Patna High Court CR. MISC. No.54287 of 2022(3) dt.06-02-2023 2/3 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 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.681 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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.

Patna High Court CR. MISC. No.54287 of 2022(3) dt.06-02-2023 3/3 Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T