Deepak Kumar @ Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78283 of 2023 Arising Out of PS. Case No.-298 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Deepak Kumar @ Deepak Sah S/O Late Umesh Sah Village- Bihat Tola Jagir, Ward No. 20, Ps. Barauni, Dist. Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari W/O Deepakkumar @ Deepak Sah, D/O Satrughan Thakur At Present R/O Village- Bihat, Ps. Barauni Dist. Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the parties.

2. Inspite of valid service of notice upon the informant, none is appeared on her behalf.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 406, 323, 307, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition 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. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.78283 of 2023(4) dt.15-05-2024 2/2 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. The petitioner has relied upon the judgement 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.

6. In that view of the matter, let the above named petitioner, be released on anticipatory 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 Barauni FCI P.S. Case No. 298 of 2023, 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. (Anjani Kumar Sharan, J) devendra/- U T