Shankar Turi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69480 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- COMPLAINT CASE District- Banka ====================================================== SHANKAR TURI S/o Hare Ram Turi Resident of village- Bharat Shila, Police Station- Kheshar, District- Banka. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
MAMTA DEVI W/o Shankar Turi D/o Suresh Turi Resident of villageChanduwari, Police Station- Chandan, District- Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 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 committed no offence. Petitioner has neither made any dowry
Patna High Court CR. MISC. No.69480 of 2022(4) dt.17-10-2023 2/2 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.129 of 2021, 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