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Patna High CourtCR. MISC./70094/2024allowed

Deepak Kumar v. The State Of Bihar

2024-10-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70094 of 2024 Arising Out of PS. Case No.-1864 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Deepak Kumar Son of Late Bajrangi Lal Gupta @ Bajrangi Prasad @ Bajrang Prasad R/o Village- Madhuban @ Madhuban Gulwara, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Kumari Wife of Deepak Kumar, D/o Sohan Prasad Gupta At present R/o Mohalla- Gudri Bazar Ward No.21, in front of Gokhul Swits, P.S.- Town, District- Samastipur (Complainant) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the State :

Mr. Sanjay Kumar, APP For the O.P. No. 2 :

Mr. Surendra Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the parties.

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

Patna High Court CR. MISC. No.70094 of 2024(2) dt.21-10-2024 2/2 Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He submits that the petitioner is handicapped. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

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. 1864 of 2022, 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 one time settlement.

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