Nishant Kumar Niraj @ Nshant Kumar Niraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55774 of 2023 Arising Out of PS. Case No.-641 Year-2022 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Nishant Kumar Niraj @ Nshant Kumar Niraj S/O Late Babu Lal Rajak R/O Mohalla- Khajpura, Raja Bazar, Ps. Hawai Adda, Distt. Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Kumari W/O Sri Nishant Kumar Niraj @ Nshant Kumar Niraj, D/O Sri Bhushan Rajak R/O Mohalla- Belan Bazar, Dhobi Tola, Ps. Kashim Bazar, Dist. Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned learned counsel for the petitioner Mr. Sunil Kumar Singh and Mr. Dilip Kumar, learned APP for the State.

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

3. 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.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.55774 of 2023(3) dt.07-12-2023 2/3 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. 641 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 3,000/- (Rupees Three Thousand) per month to the opposite party no. 2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no. 2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid amount

Patna High Court CR. MISC. No.55774 of 2023(3) dt.07-12-2023 3/3 shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the opposite party no. 2 is directed to make available the bank account details of opposite party no. 2 in the learned Court below.

9. 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 one time settlement.

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