Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37323 of 2024 Arising Out of PS. Case No.-10039 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Mohan Prasad Son of Late Ram Lakhan Prasad Resident of Ram Lakhan Path, Road No. 8, Ashok Nagar, Kankarbagh, P.S.- Kankarbagh, Dist.- Patna800020 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babli Kumari Wife of Vishal Kumar Resident of Ram Lakhan Path, Road No. 8, Ashok Nagar, Kankarbagh, P.S.- Kankarbagh, Dist.- Patna-800020 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shams Akhtar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 354B of the Indian Penal Code and 3 and 4 D.P. Act.

3. Learned counsel for the petitioner submits that petitioner being father-in-law has been falsely implicated in the instant case by the complainant. It is next submitted that husband of the complainant is not an accused in the instant case which amply demonstrates that the instant complaint case has been instituted by the complainant at the behest of her husband

Patna High Court CR. MISC. No.37323 of 2024(2) dt.02-07-2024 2/2 who is son of the petitioner.

4. Learned A.P.P. for the State and learned counsel appearing on behalf of O.P. No. 2 oppose the prayer for anticipatory bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that husband of the O.P. No.2 is not an accused in the instant case.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 10039(C) of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) shivam/- U