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Patna High CourtCR. MISC./24761/2023allowed

Deepak Rajbhar @ Deepak Kumar Rai v. The State Of Bihar

2024-02-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24761 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- SISWAN District- Siwan ====================================================== Deepak Rajbhar @ Deepak Kumar Rai Son Of Lalu Rajbhar Resident Of Village - Bharwaliya, P.S. - Siswan, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kumari Anupam For the State :

Mr. Suresh Prasad Singh For the O.P. No. 2 :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have tortured and assaulted the informant and her family member due to nonfulfillment of dowry demand.

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

Patna High Court CR. MISC. No.24761 of 2023(4) dt.29-02-2024 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that petitioner has never demanded any dowry from the informant. He further submits that injuries were found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the opposite party no. 2 opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the nature of the injury, 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 Siswan P.S. Case No. 258 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