The High Court of Patna granted anticipatory bail to the petitioner in a case involving dowry-related offences under the IPC, releasing him on bail conditions and suggesting mediation for reconciliation.
Released on bail on furnishing bond of Rs.25,000/- with two sureties of like amount. Liberty to apply for mediation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48592 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- MAHILA P.S. District- Sheohar
======================================================
NIRAJ KUMAR S/O RAMLAL SAH Resident of Village- Sadatpur Paharpur, P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore (App.100) Mr. Devendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 21-03-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered
for the offences punishable under Section 341, 323, 324, 498A , 504/34 of the Indian Penal Code.
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.
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. He is still ready to keep her with full
Patna High Court CR. MISC. No.48592 of 2022(3) dt.21-03-2023 2/2
honour and dignity. 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 .
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 Sheohar Mahila P.S. Case No.01 of 2022, 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 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.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
shikha/-
U T
3 issues framed by the court
Whether the petitioner should be granted anticipatory bail in the event of arrest in matrimonial offences and dowry demand cases.
Whether the petitioner is an innocent person who committed no offence regarding dowry demand or ousting from matrimonial home.
Whether the case is suitable for referral to District Mediation Center for reconciliation or one time settlement.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶19
2006 (3) PLJR 182
6 provisions across 2 enactments
Niraj Kumar
State of Bihar
Neha Kumari
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
