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Patna High CourtCR. MISC./70547/2022bail granted

Pankaj Kumar v. The State Of Bihar

2023-05-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70547 of 2022 Arising Out of PS. Case No.-1103 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== PANKAJ KUMAR Son of Praveen Kumar Singh (Budhan Ji) Resident of Village - Matuaa, P.S. - Warisnagar, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Swati Kumari Daughter of Devendra Mahto Resident of Village - Mananpur Baghopur, P.S.- Khanpur, District - Samastipur at present Wife of Shatrohan Mahto, Resident of Village - Paroriya, P.S. - Warisnagar, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 34 and 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.70547 of 2022(2) dt.01-05-2023 2/2 submits that the Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Petitioner has got not criminal antecedent as mentioned in para-3 of the bail application. 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. 1103 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

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. Accordingly, this application stands disposed of.