Bipin Kumar @ Bipin Kumar Samrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21066 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== Bipin Kumar @ Bipin Kumar Samrat, Son of Sri Nunulal Yadav, Resident of Village Matnaza, Ward No.7, P.S. Narpatganj, District Araria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sarita Kumari, D/o Kamleshwari Yadav, R/o Village Nathpur, P.S. Narpatganj, District Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP Mr. Satya Prakash Mr. Anuj Kumar Shrivastava Mr. Raj Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-11-2021 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in Araria (Mahila) P.S. Case No.181 of 2019, registered for the offences punishable under Sections 498(A), 341, 323, 342, 504, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The allegation against the petitioner is that the petitioner made physical relation with the informant on the promise of marriage. After marriage, the petitioner and his family members tortured the informant physically and mentally for additional demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.21066 of 2020(8) dt.26-11-2021 2/2 present case. It is submitted that there is general and omnibus allegation against the petitioner. It is further submitted that the opposite party no.2 had earlier filed another case of the same nature in which the petitioner was granted anticipatory bail by a coordinate Bench of this Court vide order dated 22.10.2021, passed in Cr. Misc. No.47935 of 2021. It is submitted that the case is triable by a Magistrate.

Learned counsel for the State as well as learned counsel appearing on behalf of opposite party no.2 opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is named in the FIR.

Having considered the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Araria (Mahila) P.S. Case No.181 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Sanjay/- U T