Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67656 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- MAHILA PS District- Aurangabad ====================================================== Anil Kumar Son Of Madan Sao @ Madan Prasad Village- Dumraon PsDumraon Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mrs. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the parties.

2. Though, the notice has validly been served upon the opposite party no. 2, but nobody appears on behalf of the opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

4. 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.

5. Learned counsel for the petitioner submits that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.67656 of 2023(5) dt.19-03-2024 2/2 offence. He has submits that there is no any legal or cogent evidence against the petitioner. 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 no criminal antecedent as mentioned in para-3 of this application.

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 Aurangabad Mahila P.S. Case No. 05 of 2023, 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.

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