Ramesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

Ramesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail on arrest or surrender before the Court below within six weeks, on a bail bond of Rs.25,000 with two sureties of the like amount each, subject to the Section 438(2) Cr.P.C. conditions; either party left at liberty to apply to the Court below for referral of the matter to the District Mediation Center for reconciliation or one-time settlement.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Rajiv Nagar P.S. Case No. 255 of 2021 registered for offences punishable under Sections 498A and 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Court's answer

The petitioner shall be released on bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of the order.

Ratio / Principle

Release is conditional on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the Court below where the case is pending.

Key takeaways

The bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶17

Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.), oral order dated 24-07-2024 — Criminal Miscellaneous No.46066 of 2024 (arising out of Rajiv Nagar P.S. Case No. 255 of 2021, Patna): anticipatory-bail application of Ramesh Kumar, husband of complainant Chandani Kumari, who apprehends arrest for alleged offences under Sections 498A and 494 IPC and Sections 3 and 4 of the Dowry Prohibition Act, disposed of favourably. Petitioner ordered released on bail on arrest or surrender before the Court below within six weeks, on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. Parties left free to seek referral to the District Mediation Center for reconciliation or one-time settlement. Precedent invoked by petitioner's counsel: Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. v. The State of Bihar, 2006 (3) PLJR 182 (cited, not engaged with by the Court).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46066 of 2024

Arising Out of PS. Case No.-255 Year-2021 Thana- RAJIVNAGAR District- Patna

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

Ramesh Kumar Son of Shivlakhan Rai Resident of Vill- Banglapar, P.S.Akilpur, District- Saran

... ... Petitioner/s

Versus

The State of Bihar Patna

Chandani Kumari Wife of Ramesh Kumar, D/O- Devnath Kumar Resident of Vill- Banglapar, P.S.- Akilpur, District- Saran at Present R/O- Rajeev Nagar Road No. 23H, P.S.- Rajeev Nagr, District- Patna.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Prasad Sinha For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

2 24-07-2024 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 494 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.46066 of 2024(2) dt.24-07-2024 2/2

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 .

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 Rajiv Nagar P.S. 255 of 2021, 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/-

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