Nitesh Kr. Mishra @ Nitesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14882 of 2023 Arising Out of PS. Case No.-104 Year-2021 Thana- MAHILA P.S. District- Bhojpur ====================================================== NITESH KR. MISHRA @ NITESH KUMAR MISHRA SON OF NARAYAN MISHRA R/O VILLAGE- SONBARSHA, P.S.- SHAHPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHWETA KUMARI @ PUJA KUMARI WIFE OF NITESH KUMAR MISHRA, D/O NANDA PANDEY @ RANJIT KUMAR PANDEY R/O VILLAGE- SONGHATTA, P.S.- KOELWAR, DISTRICT- BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 498(A), 504, 34 and other allied sections of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner along with other family members committed torture on the informant due to non-fulfilment of dowry demand.

Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the informant to her matrimonial

Patna High Court CR. MISC. No.14882 of 2023(2) dt.16-05-2023 2/2 house with honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the court of S.D.J.M., Ara, Bhojpur in connection with Mahila Police Station Case No. 104 of 2021, subject to the conditions laid down under section 438 of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T