Pritam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68851 of 2023 Arising Out of PS. Case No.-886 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Pritam Kumar S/O Parmanand Saw R/O Village- Mohanbigha, P.SPakribrawan, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the parties.
2. Notice has been issued to the O.P. No. 2 and has validly been served on the O.P. No. 2. Nobody appears on behalf of O.P. No. 2.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 323, 504, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, but learned Court below taken cognizance U/s 498(A) of the I.P.C. and Section 4 of the D.P. 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 offence. He submits that the father of the petitioner filed the complaint case i.e. Complaint Case No. 1355 of 2017 in counter
Patna High Court CR. MISC. No.68851 of 2023(5) dt.08-05-2024 2/2 of the present complaint case and compromise was taken on 01.08.2018. 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 Complaint Case No. 886 of 2018, 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