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Patna High CourtCR. MISC./34038/2017bail granted

Prashant Raj v. The State Of Bihar

2017-07-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34038 of 2017 Arising Out of PS.Case No. -573 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Prashant Raj, Son of Late Raja Babu Prasad, R/o Sadha Mathia, P.S.- Chapra Muffasil, District- Chapra.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Neerad Parashar, Advocate. For the State : Mr. Sri Rajeev Nayan, A.P.P. For the Informant : Mr. Saroj Kumar Sharma, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-07-2017 Heard learned counsels for the petitioner. informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 573 of 2016 for the offences instituted under Sections 498(A), 494, 496 of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant on account of dowry demand and this petitioner falsely deposed before the Court on 28.04.2016 in Misc. Case that he has not solemnized second marriage whereas the petitioner has already remarried with co-accused, namely, Hetal Prasant Raj.

Patna High Court Cr.Misc. No.34038 of 2017 (2) dt.25-07-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The present case has been instituted due to petty family dispute. The petitioner has further relied upon a 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.

On behalf of the learned counsels for the State and informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Ara Town P.S. Case No. 573 of 2016 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., Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T