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Patna High CourtCR. MISC./6891/2023disposed

Neeraj Prakash @ Niraj Prakash v. The State Of Bihar

2023-07-14Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6891 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Neeraj Prakash @ Niraj Prakash Son Of Satyaratan Prasad Singh Shri Ram Kutir, Maharani Road, Madhya Gramin Bank Ambedkar Nagar, Panchayat Akhara, P.O And P.S- Kotwali , Gaya Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari D/o Mahesh Prasad Singh Vill- Padariya, P.O- Purvi Ketaki, P.S- Deo Dist- Aurangabad at present residing in near Lok Priya Vastralaya, Deo Road, Amba, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Learned counsel for the opposite party no. 2 has filed the counter affidavit today in Court.

2. Let it be kept on record.

3. Heard learned counsel for the petitioner, opposite party no. 2 and learned Additional Public Prosecutor for the State.

4. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498(A), 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

5. 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

Patna High Court CR. MISC. No.6891 of 2023(4) dt.14-07-2023 2/3 dowry demand.

6. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. 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 honour and dignity. He submits that the learned Mediator in his report dated 15.02.2023 passed in MTS Case No. 238 of 2021 has given six months time to the petitioner to settle with the opposite party no. 2 on his working place. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

7. Learned APP for the State opposes the prayer for bail.

8. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail provisionally for a period of four weeks 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

Patna High Court CR. MISC. No.6891 of 2023(4) dt.14-07-2023 3/3 Complaint Case No. 14(C) of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

9. Learned court below shall confirm the bail bond of the petitioner after verifying the fact that the petitioner has complied with the order dated 15.02.2023 passed in MTS Case No. 238 of 2021.

(Anjani Kumar Sharan, J) devendra/- U T