Daya Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10147 of 2020 Arising Out of PS. Case No.-265 Year-2019 Thana- GARKHA District- Saran ====================================================== DAYA SHANKAR, Son of Ram Ayodhya Manjhi, Resident of VillageRahimpur, P.S.- Garkha, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341/323/498(A)/504/34 of the Indian Penal Code. Allegation against the petitioner alongwith other accused persons is of committing torture upon the victim due to non-fulfillment of demand of dowry and the petitioner also wants to second marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the informant does not want to live in a joint family which is the bone of contention. There is no specific overt act against the petitioner. The petitioner has filed a divorce suit against the informant after that, the present case

Patna High Court CR. MISC. No.10147 of 2020(8) dt.06-04-2021 2/2 was filed. The petitioner has got no criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate14 Saran, Chapra in connection with Garkha P. S. Case No. 265 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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