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Patna High CourtCR. MISC./34713/2023allowed

Dhruw Prasad v. The State Of Bihar

2023-07-21Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34713 of 2023 Arising Out of PS. Case No.-915 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

Dhruw Prasad, Son of Sikayat Sah Resident of village - Nakti Devi Road (Shankarpur Road), P.S. - Dighwara, District - Saran at Chapra 2.

Bebi Devi, Wife of Dhruw Prasad Resident of village - Nakti Devi Road (Shankarpur Road), P.S. - Dighwara, District - Saran at Chapra 3.

Shyam Kumar, Son of Dhruw Prasad Resident of village - Nakti Devi Road (Shankarpur Road), P.S. - Dighwara, District - Saran at Chapra 4.

Sanjeet Kumar @ Munna, Son of Dhruw Prasad Resident of village - Nakti Devi Road (Shankarpur Road), P.S. - Dighwara, District - Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Kumari D/o Dhruw Prasad Resident of village - Nakti, Devi Road (Shankarpur Road), P.S. - Dighwara, District - Saran At Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Trial No. 136 of 2023 (C.No. 915 of 2022) registered for the offences punishable under Sections 323, 341, 452, 379, 354, 384, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have assaulted the informant and her mother by abusing and ousting while she was at home with her mother. They also took

Patna High Court CR. MISC. No.34713 of 2023(2) dt.21-07-2023 2/3 ornaments of Rs. 3,00,000/- from her house and took her mother's signature on blank stamp paper.

4. Learned counsel for the petitioners submits that petitioners are the family members of the complainant. It is submitted that petitioner no. 1 is father of the complainant who is maintaining the complainant by paying Rs. 6,000/- per month through bank account and due to dispute of family property the instant case has falsely been filed. He also submits that Section 354 of the IPC is not made out against the petitioners. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Trial No. 136 of 2023 (C. Case No. 915 of 2022), subject to the conditions as laid

Patna High Court CR. MISC. No.34713 of 2023(2) dt.21-07-2023 3/3 down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T