Prabhat Kumar Srivastava @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70874 of 2021 Arising Out of PS. Case No.-357 Year-2018 Thana- BHORE District- Gopalganj ====================================================== PRABHAT KUMAR SRIVASTAVA @ PINTU S/o Jai Prakash Shrivastava R/o village- Sarai Padauli, P.S.- Maharajganj, District- Siwan ... ... Petitioner.

Versus

1.

The State of Bihar 2.

NEETA SRIVASTAVA W/o Prabhat Kumar Shrivastava @ Pintu R/o village- Sarai Padauli, P.S.- Maharajganj, District- Siwan, D/o Ashok Kumar Shrivastava, At present Resident of Bhorey, P.S.- Bhorey, DistrictGopalganj ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar For the Opposite Parties :

Mr. Nand Kumar Mr. Ranjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State through virtual Court proceedings.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 341, 323 & 406 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.70874 of 2021(3) dt.07-07-2022 2/3 dowry demand.

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 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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. 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 Bhorey P.S. Case No.357 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.70874 of 2021(3) dt.07-07-2022 3/3 reconciliation or for one time settlement.

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