Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35425 of 2021 Arising Out of PS. Case No.-57 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== Nitish Kumar Son of Raj Kumar Yadav R/o Village- Belo Chaigarh, P.S.- Murliganj, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Guria Kumari Daughter of Dilip Yadav R/o Village- Surmaha Bajrangi Tola, Ward No.7, O.P.- Patarghat, P.S.- Saur Bazar, District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Punita Kumari Singh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Saur Bazar P.S. Case No.57 of 2019, registered for the offences punishable under Section 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner and his family members are said to have tortured the informant physically and mentally for non-

Patna High Court CR. MISC. No.35425 of 2021(2) dt.03-02-2022 2/2 fulfillment of demand of additional dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Earlier after investigation, the police has submitted final form but the learned court below differing with the final form and after perusing the case diary took cognizance against the petitioner.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration 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 today, 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 Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No.57 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T