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Patna High CourtCR. MISC./17828/2023bail granted

Suraj Kumar v. The State Of Bihar

2023-05-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17828 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- SAHODARA District- West Champaran ====================================================== SURAJ KUMAR Son of Kashi Mahto Resident of village - Bajara, P.S.- Sahodara, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Devi Wife of Suraj Kumar D/O Shankar Mahto, Resident of Village - Bedauli, P.S.- Sahodara, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arun Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 498A, 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 victim with honour and

Patna High Court CR. MISC. No.17828 of 2023(2) dt.18-05-2023 2/2 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 learned C.J.M., Bettiah, West Champaran, in connection with Sahodara Police Station Case No. 160 of 2022 subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T