Allowed

Rajiv Kumar v. The State of Bihar

Patna HC5 Mar 2024CR. MISC./73497/2023

Case brief

AI extract

What is this about?

Petitioner apprehended arrest in a Jamui complaint case alleging dowry demand and eviction of his wife from the matrimonial home sought bail. The court granted anticipatory bail on furnishing a bond with two sureties, subject to Cr.P.C. Section 438(2) conditions, and left parties free to seek mediation.

What did the court decide?

Anticipatory bail: release on arrest/surrender within six weeks on Rs.25,000 bond plus two sureties, subject to Section 438(2) Cr.P.C.; liberty to seek mediation referral.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73497 of 2023

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Arising Out of PS. Case No.-668 Year-2022 Thana- COMPLAINT CASE District- Jamui

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

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RAJIV KUMAR SON OF LATE SAHDEO RAM Village- Ranhan PsSikandra Dist- Jamui

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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KHUSHBU DEVI WIFE OF RAJIV KUMAR, DAUGHTER OF LATE BRAHMDEO RAM VILLAGE- RANHAN, PS - SIKANDRA, DISTRICT JAMUI. AT PRESENT VILLAGE - MANIYADDA, PS AND DISTRICT JAMUI

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 05-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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Though Vakalatnama has been filed by the learned counsel for the complainant but when the case is called out, nobody appears in the Court.

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

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Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her

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Patna High Court CR. MISC. No.73497 of 2023(3) dt.05-03-2024 2/3

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matrimonial home in association of his family members over the dowry demand.

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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. 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 .

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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 Complaint Case No.668C of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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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

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Patna High Court CR. MISC. No.73497 of 2023(3) dt.05-03-2024 3/3

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reconciliation or for one time settlement.

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Accordingly, this application stands allowed.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Rajiv Kumar v. The State of Bihar

Case brief

What is this about?

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Rajiv Kumar v. The State of Bihar

Case brief

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