Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1110 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- MAHILA PS District- Aurangabad ====================================================== Neeraj Kumar @ Niraj Kumar son of Gaya Sharma R/O village- Bhori, P.S.- Tekari, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reshmi Devi @ Rani D/O Jitendra Sharma R/O Village- Achuki, P.S.- Pouthu, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 34 of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2., 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. It is further submitted that petitioner has

Patna High Court CR. MISC. No.1110 of 2024(3) dt.07-03-2024 2/2 filed a matrimonial case for divorce bearing Matrimonial Case No. 80/2023 before the Family Court, Gaya. He has no criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. 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 Aurangabad Mahila P.S. No. 04 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 for one time settlement.

8.Accordingly, this application stands allowed. (Anjani Kumar Sharan, J) divyanshi/- U T