Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5552 of 2023 Arising Out of PS. Case No.-255 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Amit Kumar S/O Dhaneshwar Mahto R/O Village- Ganeshpur, P.S.- Balumath, Distt- Latehar, (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shruti Kumari W/o Amit Kumar, D/o Gopal Manjhi R/o village- Ganeshpur, P.S.- Balumath, Distt- Latehar, (Jharkhand). At present resident with her parent R/o Village- Budhgere, P.O. - Budhgere, P.S.- Gaya Muffasil, DisttGaya, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498A, 377/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the opposite party no. 2 has given an application to Superintendent

Patna High Court CR. MISC. No.5552 of 2023(2) dt.10-04-2023 2/2 of Police, Ranchi wherein she has stated that she is being tortured and now she has decided to not live with her husband. He submits that petitioner has filed Divorce Case i.e. Original Suit (Divorce) Case No. 271 of 2022 before the learned court below against the opposite party no. 2. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the opposite party no. 2 oppose the prayer for bail. 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 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 Gaya Mufasil P.S. Case No. 255 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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