Pushkar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58978 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- ASARGANJ District- Munger ====================================================== PUSHKAR KUMAR SON OF GYANDEO YADAV VILLAGE SAJUA, PSASARGANJ, DIST- MUNGER ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHETNA KUMARI WIFE OF PUSHKAR KUMAR R/O VILL- SAJUA, PS- ASARGANJ, DIST- MUNGER ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Office, though, pointed out that notice has been validly served upon the O.P. No.2 but nobody has entered appearance on her behalf.

3.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 498A of the IPC and section 3⁄4 of the Dowry Prohibition Act.

4.

Petitioner, who is husband of informant, is said to have tortured the informant over dowry demand.

5.

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.58978 of 2023(5) dt.08-05-2024 2/2 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.

6.

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 Asarganj P.S. Case No.100 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) pallavi/- U T