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Patna High CourtCR. MISC./53482/2016allowed

Deepak Kumar @ Deepak Kumar Kushwaha v. State Of Bihar And ANR

2017-07-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53482 of 2016 Arising Out of PS.Case No. -202 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Deepak Kumar @ Deepak Kumar Kushwaha, S/o Ganga Prasad Singh @ Ganga Prasad Kushwaha, R.o Vill. Jamira, P.S. Ara Muffasil, Dist. Bhojpur, Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sawita Kumari, D/o Birendra Kumar Singh, R/o Vill. + P.O. + P.S.- Narayanpur, District - Bhojpur at Ara.

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhojpur Mahila P.S. Case No. 202 of 2016 registered under Sections 341, 342, 323, 379, 498A, 504/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. Learned counsel appearing on behalf of the petitioner submits that petitioner, who happens to be the husband of the informant, has falsely been implicated in this case. Further submission is that it would appear from Anneuxre-3 to the bail petition that earlier petitioner has filed Divorce Case, thereafter, the informant filed the present case in retaliation of the Divorce Suit only to harass the petitioner.

Patna High Court Cr.Misc. No.53482 of 2016 (4) dt.25-07-2017 2/2 Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Bhojpur, Ara in connection with Bhojpur Mhila P.S. Case No. 202 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T