Mridul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13260 of 2023 Arising Out of PS. Case No.-854 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Mridul Kumar S/O Santlal Sharma Resident Of Village- Bhandartal Gurubazar, P.S.- Barari, District- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Preeti Sharma W/O Mridul Kumar, D/O Sanjay Kumar Sharma Resident Of Village- Choti Bhaishdiyara, P.S.- Barari, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bal Krishna Mishra For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. A notice has been issued to opposite party no. 2 and has been validly served upon opposite party no. 2, but nobody appears on behalf of opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 506, 498(A), 313 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with other co-accused tortured, assaulted and ousted the opposite party no. 2 from her matrimonial home, due to nonfulfillment of dowry demand.

Patna High Court CR. MISC. No.13260 of 2023(3) dt.21-08-2023 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the opposite party no. 2 has filed a maintenance case against petitioner, in which petitioner is giving Rs. 8,000/- per month to the opposite party no. 2 as interim maintenance. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Katihar Complaint Case No. 854 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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