Hriday Kumar @ Hriday Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70602 of 2023 Arising Out of PS. Case No.-3 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== Hriday Kumar @ Hriday Sharma S/O Balo Thakur @ Bali Thakur R/O Village- Gafa Khurd, P.S- Bodhgaya, Distt.- Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Babita Kumari D/O Gariban Sharma R/O Village- Sahiya, P.S- Wazirganj, Distt.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the parties.

2. Notice has been issued to opposite party no. 2 and 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 323, 341, 504, 506, 498(A), 34 of the Indian Penal Code.

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 offence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.70602 of 2023(3) dt.31-01-2024 2/2 the occurrence took place on 27.12.2020 but the F.I.R. has been registered on 02.01.2021, there is delay of about six days and there is no explanation regarding the delay. The petitioner has one 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 Civil Lines Case No. 03 of 2021, 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