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Patna High CourtCR. MISC./6793/2023disposed

Ashok Kumar v. The State Of Bihar

2023-04-24Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6793 of 2023 Arising Out of PS. Case No.-1165 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== ASHOK KUMAR Son of Sadanand Sah R/o Mohalla- Sudin Chak, Chhath Pokhar, Bhatta Bazar, P.S- K. Hat, Dist- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Kumari Daughter of Mahanth Sah R/V- Miropur ward no. 2, P.SSimraha, Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Ravi Shankar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Kumar Ravi Shankar, learned Counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1165-C of 2021 registered for the offence punishable under Sections 379, 498(A), 504, 34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel appearing on behalf of the petitioner seeks to withdraw the present bail application with a liberty to file regular bail along with a joint affidavit along with the opposite party no. 2 that he will keep opposite party no. 2

Patna High Court CR. MISC. No.6793 of 2023(2) dt.24-04-2023 2/2 with with full dignity and honour and he will fulfill all the physical as well as financial requirement.

4. In case, such affidavit is filed, the petitioner, above named is directed to be released provisionally on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complain Case No. 146 of 2021, on any terms and conditions as fixed by the Court below.

5. If no complain is found to be made by either parties for one year, the provisional bail granted to the petitioner shall be made absolute subject to the terms and conditions as laid down under Section 438(2) of the Cr.P.C. and further any condition fixed by the Court below.

6. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/Sanjeev U T