Kumar Sandip Kishor @ Kumar Sandeep Kishor @ Kumar Sandip v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74940 of 2022 Arising Out of PS. Case No.-330 Year-2019 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Kumar Sandip Kishor @ Kumar Sandeep Kishor @ Kumar Sandip Son Of Sri Narendra Ram A/P R/O- Adarshnagar Ranchi Road, P.S.- Ramgarh Kuju, Distt.- Ramgarh, State Of Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SMT. SUSHMA KUMARI WIFE OF SRI KUMAR SANDIP KISHOR @ KUMAR SANDEEP KISHOR, D/O- RAJ KUMAR RAJAK R/OSAMICHAK, P.S.- WARSHALIGANJ, DISTT.- NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Verma For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 323 and 498A of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has

Patna High Court CR. MISC. No.74940 of 2022(3) dt.20-03-2023 2/3 been falsely implicated in the present case mostly on suspicion and grudge. There is general and omnibus allegation against the petitioner. Petitioner has paid the entire arrear to the opposite party no.2 as directed by the learned Court below in Maintenance Case No.179/2019. 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.

Learned counsel for the O.P. No.2 has submitted that the O.P. No.2 is ready to live with the petitioner, provided she is not tortured.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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.330 of 2019, 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

Patna High Court CR. MISC. No.74940 of 2022(3) dt.20-03-2023 3/3 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) ajay/- U T