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Patna High CourtCR. MISC./59132/2023allowed

Navdeep Ranjan @ Gunjan v. The State Of Bihar

2024-03-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59132 of 2023 Arising Out of PS. Case No.-2733 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Navdeep Ranjan @ Gunjan S/O Late Vireshwar Kumar Resident Of Shashi Sadan, Bankers Colony, Janpul Chowk, Ps. Motihari Sadar, Dist. East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushmita Kumari W/O Sri Navdeep Ranjan @ Gunjan, D/O Sri Mukesh Kumar Srivastava At Present, R/O Mohalla- Purani Gudari, Near Harnath School, Ps. Bettiah Town, Dist. West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sagar Kumar For the Opposite Party/s :

Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard Mr. Sagar Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned counsel for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A, 504 of the Indian Penal Code.

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.59132 of 2023(3) dt.05-03-2024 2/3 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. However, the petitioner is ready to give Rs.5,000.00 (Rupees Five Thousand) per month to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

6. Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

7. In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.59132 of 2023(3) dt.05-03-2024 3/3 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. 2733 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

8. 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) devendra/- U T