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Patna High CourtCR. MISC./68876/2023allowed

Jitendra Kumar @ Jitan v. The State Of Bihar

2024-03-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68876 of 2023 Arising Out of PS. Case No.-222 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== JITENDRA KUMAR @ JITAN Son of Krishna Ravidas RESIDENT OF VILLAGE KAPASIYA PS ISLAMPUR DISTRICT NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Phool Kumari Wife of Jitendra Kumar @ Jitan R/o vill - Kapasiya, P.S. - Islampur, Distt. - Nalanda, Presently residing at D/o Janak Das, R/o Milki Mahuari, P.O. - Murgaon, P.S. - Islampur, Distt. - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudha For the Opposite Party/s :

Mr. Narendra Kumar Singh Mr. Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A, 504 & 506/34 of the Indian Penal Code.

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 demand nor drove her out of her matrimonial home nor

Patna High Court CR. MISC. No.68876 of 2023(4) dt.19-03-2024 2/2 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 Islampur P.S. Case No.222/2023, 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