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Patna High CourtCR. MISC./72426/2023allowed

Nitin Raj @ Nitin George v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72426 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== Nitin Raj @ Nitin George Son Of Joseph George Resident Of VillageKamalnath Nagar Bholababu Colony, Ps- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nidhi Julius Wife Of Nitin Raj Resident Of Village- Kamalnath Nagar Bholababu Colony, Ps- Bettiah Town, District- West Champaran Present Address- Village- Christan Quater, Badhai Tola, Ps- Bettiah Town, DisttWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A), 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and u/s 3/4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no. 2, is said to have tortured upon her physically and mentally and ousted her 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 tormented her over the demand of dowry.

Patna High Court CR. MISC. No.72426 of 2023(2) dt.30-11-2023 2/2 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 Bettiah Mahila P.S. Case No. 29 of 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) annpurna/- U T