Shyam Sundar @ Shyam Sundar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54450 of 2022 Arising Out of PS. Case No.-317 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== SHYAM SUNDAR @ SHYAM SUNDAR CHAUDHARY Son of Shivnath Chaudhary R/V- Gopalpur Chaknai, P.S- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kiran Kumari Wife of Shyam Sundar @ Shyam Sundar Chaudhary , D/o Jagal Chaudhary Naihar R/V- Mahnar Kharjamma P.S- Mahnar, DistVaishali, Sasural R/V- Gopalpur Chaknai, P.S- Bidupur, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 498(A), 325, 379, 504, 506 and 34 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 tormented her over

Patna High Court CR. MISC. No.54450 of 2022(5) dt.16-02-2023 2/2 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 Bidupur P.S. Case No. 317 of 2022, 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. Accordingly, this application stands disposed of.