Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2450 of 2024 Arising Out of PS. Case No.-559 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Tarun Kumar S/O Sri Prabhunand Singh R/O Shanti Niketan Colony, Near Hari Medical, Bhoot Nath, P.S- Agamkuan, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pooja Kumari D/O Manesh Kumar Singh Naihar Address- Bhagwanpur, Post- Gangachak, P.S- Masaudhi, Distt.- Patna, Address Of Husband- Tarun Kumar, A Resident Of Shanti Niketan Colony, Near Hari Medical, Booth Nath, P.S- Agamkuan, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha For the State :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard Mr. Raj Krishna Jha, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

2. Inspite of valid service of notice and putting appearance on behalf of the complainant by filing Vakalatnama, none is appeared on her behalf.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 504, 506, 498A of the Indian Penal Code.

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.2450 of 2024(3) dt.16-04-2024 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 Complaint Case No. 559(C) of 2022, 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