Pankaj Kumar @ Pankaj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56613 of 2023 Arising Out of PS. Case No.-116 Year-2019 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== PANKAJ KUMAR @ PANKAJ KUMAR SAH son of Parshuram Sah Village- Godai Pulkahan Tola Bishwanathpur Po- singar PS- Kanti DistMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi wife of Pankaj Sah, D/o- Shree Devi Lal Sah Mohalla- Godai Pulkaha Po- Singar Ps- Kanti Dist- Muzaffarpur P/A R/o- Sikarpur PoTalvar Ps- Bheldi Dist- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2

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

3. 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.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.56613 of 2023(5) dt.15-05-2024 2/2 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. 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.

5. 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.116/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. 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 for one time settlement.

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