Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25035 of 2024 Arising Out of PS. Case No.-726 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Vivek Kumar Son Of Sudarshan Sharma Resident Of Mohalla - Babu Bazar, Sahay Hata, P.S. - Ara Town, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Neha Kumari Daughter Of Lal Babu Sharma Resident Of Mohalla - Babu Bazar, Sahay Hata, P.S. - Ara Town, District - Bhojpur Presently Residing At Village - Bhaluhipur, P.S. - Ara Town, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.A. Shamsi, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard Mr. N.A. Shamsi, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. Though a vakalatnama has been filed on behalf of the O.P. No. 2, but nobody appeared on behalf of the O.P. No.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the opposite party no. 2 due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.25035 of 2024(3) dt.18-09-2024 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 in Matrimonial Case No. 253 of 2022, when the opposite party no. 2 appeared in that case, she refused to reside with the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. 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 Complaint Case No. 726(C) of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T