Amit Kumar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27848 of 2022 Arising Out of PS. Case No.-998 Year-2020 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== AMIT KUMAR AGRAWAL Son of Hanuman Prasad Agarwal Resident of Village - Guru Bazar, Kadhagola, p.s.- Barari, Distt.- Katihar. At Present 259, 2nd Floor, 10th Cross 29B, Main J.P.Nagar, 1st Phase Bangluru (Karnatka). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Preeti Lath @ Preeti Agrawal W/o Amit Kumar Agrawal Resident of Village - Permanent Address - Guru Bazar, Kadha Gola, P.s.- Barari, Distt.- katihar, At Present D/o Sri Murari Lal Lath, Ranisati Chowk Kasba, Kasba, Distt.- PurnIa.

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

For the Petitioner/s :

Mr. Chitranjan Sinha, Sr. Adv Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Shyameshwar Dayal Mr. Ramesh Agrawal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Heard the parties.

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

The petitioner apprehends his arrest in a case registered for the offence punishable under section 498(A), 323, 504 of IPC.

Allegedly, the petitioner alongwith his family members of

Patna High Court CR. MISC. No.27848 of 2022(3) dt.13-09-2022 2/3 the petitioner tortured the O.P. No.2 due to non-fulfillment of demand for dowry.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that the learned court below sent the parties for mediation in the mediation centre but the mediation between the parties have been ended as unsuccessful. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for O.P. No.2 opposed the prayer for anticipatory bail and submits that the petitioner tortured his wife and therefore it is not possible for her to live with him. The O.P. no.

2 has already filed a divorce case and maintenance case against the petitioner. Having regard to the facts and circumstances of the case 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.

Patna High Court CR. MISC. No.27848 of 2022(3) dt.13-09-2022 3/3 below where the case is pending/Successor Court in C.A. Case No. 998 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T