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Patna High CourtCR. MISC./36025/2023allowed

Sunil Ram v. The State Of Bihar

2023-11-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36025 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SUNIL RAM Son of Dasmi Ram Resident of village - Nuaon, P.O. Kabilaspur, P.s. - Durgawati, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi Wife of Sunil Ram, D/o Late Sipahi Ram Resident of village - Nuawan, P.S. - Durgawati, P.O. - Kabilaspur, Distt. - Kaimur at Bhabua Presently Residing at Village and P.O. - Kaithi, P.S. - Sonhan, Distt. - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Garg, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite valid service of notice, nobody appears on behalf of the O.P. No.2. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 498 of the IPC and 3⁄4 D.P. Act. 3.

Allegedly, the complainant being the wife of the petitioner was subjected to cruelty by the petitioner and other inlaws over the demand of dowry and was ousted from the matrimonial house.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.36025 of 2023(3) dt.06-11-2023 2/2 has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted by learned counsel for the petitioner before the Bar that the O.P. No.2 is residing with the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the petitioner and the O.P. No.2 are residing together, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.131 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T