Nishant Mishra @ Nishant Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17819 of 2020 Arising Out of PS. Case No.-9 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== NISHANT MISHRA @ NISHANT KUMAR MISHRA S/o Vinay Mishra Resident of Suryapokhar Road Manpur, Durga Asthan, P.S.- Buniyadganj, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Buniyadganj P.S. Case no. 9 of 2019 registered under sections 498A, 341, 323 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. As per allegation in the FIR, it is stated by the informant that she was married to the petitioner in the year 2015. The petitioner regularly assaulted as also physically and mentally tortured her. Further, regular demand of dowry was made.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and

Patna High Court CR. MISC. No.17819 of 2020(5) dt.06-04-2021 2/2 concocted. The petitioner who happens to be the husband of the informant has always been ready to live with the informant giving her full dignity and respect. It is submitted that the petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State. No one appears on behalf of the Opposite Party no. 2, inspite of service of notice.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Buniyadganj P.S. Case no. 9 of 2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 7th, Sherghati, Gaya subject to the condition as laid down under section 438(2) of the Cr.P.C. Prakash/- (Partha Sarthy, J) U