Divya Narayan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8756 of 2023 Arising Out of PS. Case No.-1088 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Divya Narayan Thakur Son Of Late Fakir Chandra Thakur R/V- Kaitola, Sambhuar, P.S.- Madhubani, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ranju Devi Wife Of Dhiraj Narayan Thakur R/V- Kaytola, Shambhuar, Ward No. 1, P.S.- And District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with C.R.Case No. 1088 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506, 498A, 354B, 379 of the Indian Penal Code.

It is a case of torture for demand of dowry by the petitioner and other co-accused persons.

Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is submitted that petitioner is Dewar of the complainant and there is no specific over act has been attributed against him. Learned

Patna High Court CR. MISC. No.8756 of 2023(2) dt.18-04-2023 2/2 counsel for the petitioner submitted that earlier the complaint has been filed under section 341,323,504, 5067, 498A, 354B and 379 of the Indian Penal Code but the cognizance was taken under section 498A of the Indian Penal Code. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.

Considering the aforesaid facts that there is no specific overt act has been attributed against the petitioner, let the above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st class, Madhubani in C.R.Case No. 1088 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T