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Patna High CourtCR. MISC./42980/2021allowed

Abhinav Kshitij v. The State Of Bihar

2022-02-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42980 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- DIDARGANJ District- Patna ====================================================== ABHINAV KSHITIJ Son of Praveen Kumar Singh Resident of MohallaVishwanath Nagar, Road No. 7, P.S.- Muffasil, District- Begusarai, Current Address at D10/19, Vikram Nagar, DoS Housing Colony, Ambli Road, Ahmedabad (Gujarat).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Shankar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Didarganj P.S. Case No. 52 of 2021 registered under Sections 498(A) read with section 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 is innocent and has falsely been implicated in the present case. The present case has been filed only to harass the petitioner in revenge after the petitioner has filed a divorce case (Annexure-II). Earlier the petitioner has also filed an informatory petition (Annexure-III) on the apprehension that the informant will implicate him in the false case. Further

Patna High Court CR. MISC. No.42980 of 2021(2) dt.14-02-2022 2/2 he submits that the present case has been registered only after the divorce proceeding was initiated and the same will clear from perusal of Annexure-IV. It is also submitted that AnnexureVI shows that the petitioner is a disabled person with 50% in his leg from his childhood.

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 personal bond to the satisfaction of the Additional Sessions Judge-I, Biharshariff, Nalanda in connection with Didarganj P.S. Case No. 52 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T