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Patna High CourtCR. MISC./32004/2022allowed

Mukesh Kumar Rajak @ Dablu v. The State Of Bihar

2022-09-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32004 of 2022 Arising Out of PS. Case No.-269 Year-2020 Thana- KADWA District- Katihar ====================================================== MUKESH KUMAR RAJAK @ DABLU Son of Ram Swarup Rajak @ Mangal Rajak Resident of Village - Shashtri Nagar, Sonaili, P.S. - Kadwa, District - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shivani Kumari Wife of Mukesh Kumar Rajak @ Dablu, D/o Murari Rajak Resident of Mohalla - Topkhana Bazar, P.S. - Kotwali, District - Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Kadwa P.S. Case No.269 of 2020, registered for the offences punishable under Sections 341, 323, 494, 498(A), 504, 506 and 34 of the Indian Penal Code.

The petitioner along with other co-accused persons are said to have tortured the informant physically and mentally for non-fulfillment of demand of additional dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that earlier the informant had

Patna High Court CR. MISC. No.32004 of 2022(2) dt.14-09-2022 2/2 filed a complaint case being C.A. Case No.139C/2019 in the learned court below alleging the same allegations as alleged in the present FIR. It is also submitted that in the complaint petition, this Hon'ble Court issued notice to the present informant and allowed interim protection to the petitioner. Thereafter the informant has lodged the present FIR against the petitioner.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Kadwa P.S. Case No.269 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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