Naresh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1997 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Naresh Baitha, aged about 32 years, Male Son of Late Rajmangal Baitha, Resident of Village- Malkauniya, P.S.- Pachpakari, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khusboo Devi @ Khusboo Kumari, Wife of Naresh Baitha, Daughter of Ram Bahadur Baitha, Resident of Harnarayana, P.S.- Shikarganj, DistrictEast Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 35 of 2022 instituted for offence punishable under Sections 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per the prosecution case, the allegation against the petitioner is for non-fulfillment of demand of dowry and torture.

4. Learned counsel for the petitioner submits that compromise has taken place between the petitioner and the complainant and in this regard compromise petition has already

Patna High Court CR. MISC. No.1997 of 2023(4) dt.31-08-2023 2/2 been filed before the learned Court below. Copy of the same has also been filed in this regard.

5. Learned counsel for the petitioner further submits that petitioner has no criminal antecedent and he has falsely been implicated in this case.

6. Learned APP opposed the prayer for anticipatory bail.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Complaint Case No. 35 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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