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Patna High CourtCR. MISC./29871/2024bail granted

Raghunandan Thakur @ Raja Babu @ Raghunandan Kumar v. The State Of Bihar

2024-10-26Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29871 of 2024 Arising Out of PS. Case No.-171 Year-2020 Thana- PIPRA District- Supaul ====================================================== Raghunandan Thakur @ Raja Babu @ Raghunandan Kumar Son of Rajdeep Thakur R/o Village- Ramnagar, Ward No.06, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Afsaana Khatun Wife of Raghunandan Thakur R/o Village- Ramnagar, Ward No.06, P.S.- Pipra, District- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Murari Narain Chaudhary, Advocate For the State :

Mr. Ajay Kumar Jha, APP For Opposite Party No.2 :

Mr. Prasoon Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 325, 341, 354B, 363, 379, 498A, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, allegation against this petitioner is of matrimonial cruelty and demand of dowry.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, petitioner never solemnized marriage with the informant and petitioner is already married with one Ranjan Kumari and they are also

Patna High Court CR. MISC. No.29871 of 2024(6) dt.26-10-2024 2/3 blessed with two male children out of the wedlock. It is further submitted that earlier informant had filed Supaul (Mahila) P.S. Case No. 41 of 2019 against the petitioner, for the offence punishable under Sections 323, 341, 498A, 504, 506 and 34 of the Indian Penal Code, in which the petitioner has already been granted bail by the learned trial court. Thereafter, informant lodged Madhepura (Mahila) P.S. Case No. 15 of 2020 for the offences punishable under Sections 323, 341, 379, 498A, 504 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. This is the third case by the informant alleging same and similar allegations. It is lastly submitted that informant is habitual of filing one after another false cases against the petitioner, only with a view to harass him.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the rival submissions and the fact that for same set of allegations, earlier informant had filed two different F.I.Rs. against this petitioner, in which he is already on bail, the prayer for grant of anticipatory bail to the petitioner is allowed.

Patna High Court CR. MISC. No.29871 of 2024(6) dt.26-10-2024 3/3

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Supaul, in connection with Pipra P.S. Case No. 171 of 2020 (G.R. No. 1218 of 2020), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T