← Library
Patna High CourtCR. MISC./19759/2021allowed

Shamnath Ram v. The State Of Bihar

2022-03-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19759 of 2021 Arising Out of PS. Case No.-123 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.

SHAMNATH RAM Son of Late Bhola Ram Resident of Village - Shobhe Parsa, P.s.- Parsa, Distt.- Saran at Chapra.

2.

Madan Ram, Resident of Village - Shobhe Parsa, P.s.- Parsa, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pramila Devi W/o Madan Ram, D/o Rambalak Ram Resident of Village - Shobhe Parsa, P.s.- Parsa, Distt.- Saran at Chapra. At present Resident of Village - Harpur Faridan, P.S.- Taraiya, Distt.- Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2022 Petitioner no.1 Shamnath Ram has already been granted anticipatory bail vide order dated 07.01.2022. Heard both sides.

Petitioner no.2 apprehends his arrest in Taraiya P.S. Case No.123 of 2019 registered under Sections 498(A), 323, 379/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner is a poor man and he is ready to pay Rs.1,000/- (One thousand) per month to his wife (opposite

Patna High Court CR. MISC. No.19759 of 2021(6) dt.10-03-2022 2/2 party no.2) for her maintenance.

In support thereof, a supplementary affidavit has been filed. The petitioner has got no criminal antecedent.

Having considered the above facts and circumstances of the case as well as the statements made in the supplementary affidavit, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Saran at Chapra in connection with Taraiya P.S. Case No.123 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T