Allowed

Deepak Kumar @ Dipak Kumar v. The State of Bihar

Patna HC23 Jun 2023CR. MISC./4356/2023

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding alleged offences under IPC and Dowry Prohibition Act, the High Court granted bail to the petitioner on the condition that it shall become effective only if he is arrested or surrenders within six weeks, requiring a bond with sureties.

What did the court decide?

Petitioner to be released on bail in event of arrest or surrender within six weeks, on furnishing bond of Rs.25,000 with two sureties.

Deepak Kumar @ Dipak Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4356 of 2023

¶2

Arising Out of PS. Case No.-459 Year-2021 Thana- MANER District- Patna

¶3

======================================================

¶4

Deepak Kumar @ Dipak Kumar Son of Sri Manika Ray R/o Mohalla New Etwarpur, Lalu Path, P.S.- Parsa Bazar, District- Patna.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar.

¶8

Amrita Kumari, D/o Radheyshyam Rai, Wife of Deepak Kumar, R/o Byapur, P.S. Maner, District Patna.

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance :

¶11

For the Petitioner : Mr. Udbhav, Advocate For the State : Ms. Asha Kumari, APP ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶13

3 23-06-2023

¶14

Heard learned counsel for the petitioner and learned APP for the State.

¶15

Vide order dated 10.02.2023, notice was issued to O.P. No.2. The office has reported that ordinary notice has been received by O.P. No.2 personally, but today nobody appears on behalf of O.P. No.2.

¶16

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 506, 379, 498(A) and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

¶17

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

¶18

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

¶19

Patna High Court CR. MISC. No.4356 of 2023(3) dt.23-06-2023 2/2

¶20

drove her out of her matrimonial home nor tormented her over the demand of dowry. 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 .

¶21

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 Maner P.S. Case No.459 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

¶22

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 Centre for the purpose of reconciliation or for one time settlement.

¶23

Accordingly, this application stands disposed of.

¶24

(Anjani Kumar Sharan, J)

¶25

S.KUMAR/-

¶26

U T

Deepak Kumar @ Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar @ Dipak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santosh Kumar Byar @ Santosh Byar Vs The State of Bihar

Devendra Kumar Vs The State of Bihar

Kumar Vibhor @ Vibhor Vs Union of India through CBI

Gorakh Pandit Vs The State of Bihar

Binod Kumar Shukla @ Vinod Kumar Shukla Vs The State of Bihar

Rajeev Kumar Mishra Vs The State of Bihar