Lav Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63514 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

LAV PATEL S/o- DINA SINGH @ DINANATH SINGH VillageBaburahani Ps- chainpur Dist- kaimur 2.

Dina Singh @ Dinanath Singh son of Late Kalika Singh Village- Baburahani PS- Chainpur Dist- Kaimur ... ... Petitioners.

Versus

1.

The State of Bihar Bihar 2.

Kajal Kumari D/o- Ramesh Singh, W/o- Lav Patel Village- Baburahani Pschainpur Dist- kaimur A/p- Akhalaspur Ps- Bhabua Dist- Kaimur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Ranjay Kumar Patel For the State :

Mr. Md. Matloob Rab For the O.P. No.2 : Mrs. Mukul Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2023 Heard learned counsel for the parties.

2. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 498A, 323 & 324 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner no.1, 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 petitioners are innocent persons and have

Patna High Court CR. MISC. No.63514 of 2023(2) dt.07-10-2023 2/3 committed no offence. Petitioners have neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Learned counsel for the petitioners further submitted that petitioner no.1 is ready to make payment of Rs.3,000 /- (Rupees Three Thousand) in second week of every succeeding month in the bank account of opposite party no.2 as per the details furnished by her counsel.

5. In that view of the matter, let the above named petitioners, be released on bail, in the event of their 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) each 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 Bhabua Complaint Case No.299/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial, maintenance or any other collateral proceedings.

7. The present order, in any way, will preclude the parties to resolve the issue otherwise.

8. It is made clear that if the petitioner no.1 fails to

Patna High Court CR. MISC. No.63514 of 2023(2) dt.07-10-2023 3/3 make payment on three consecutive dates, the learned court below will be at liberty to cancel the bail bond of the petitioner no.1.

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