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Patna High CourtCR. MISC./23446/2014disposed

Krish Kumar @ Butai Pandit @ Kish Kumar Pandit And ORS. v. The State Of Bihar

2015-08-19Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23446 of 2014 Arising Out of PS. Case No. -856 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Krish Kumar @ Butai Pandit @ Kish Kumar Pandit, son of Harinath Pandit.

2. Asha Devi, wife of Sri Krish Kumar @ Butai Pandit

3. Krishna Kumar,

4. Uday Kumar @ Uday Pandit,

5. Chiku Kumar

6. Bittu Kumar All petitioner nos. 3 to 6 are sons of Krish Kumar Pandit @ Butai Pandit, All residents of village Malia Gaura, P.S. Naubatpur, District Patna .... .... Petitioners

Versus

1. The State of Bihar

2. Sharda Devi, daughter of Sri Banshi Pandit, resident of village Shahpur, P.O. Karja, P.S. Bikram, District Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Manoj Kumar Singh, Advocate For the State : Mr. Jitendra Kumar Singh, APP For the O.P. No.2 : Mr. Ashok Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2015 After some arguments, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition, so far as petitioner no.3 Krishna Kumar is concerned, to enable him to surrender in the court below.

2. As prayed, the anticipatory bail petition as against petitioner no.3, namely, Krishna Kumar, is permitted to be withdrawn and is dismissed as such.

3. Heard learned counsel on behalf of the remaining petitioner nos. 1, 2, 4, 5 and 6 and learned APP for the

Patna High Court Cr.Misc. No.23446 of 2014 (8) dt.19-08-2015 2/2 State.

4. Petitioner nos.1, 2, 4, 5, and 6, namely, Krish Kumar @ Butai Pandit @ Kish Kumar Pandit, Asha Devi, Uday Kumar @ Uday Pandit, Chiku Kumar and Bittu Kumar apprehend their arrest for the offences alleged under Sections 498A and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act registered in connection with Complaint Case No.856 (C) of 2013.

5. It is submitted that the petitioners have been falsely implicated as the allegation against them is of general and omnibus in nature.

6. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to petitioner nos.1, 2, 4, 5, and 6, namely, Krish Kumar @ Butai Pandit @ Kish Kumar Pandit, Asha Devi, Uday Kumar @ Uday Pandit, Chiku Kumar and Bittu Kumar by order dated 29.08.2014 pending in the Court of learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Complaint Case No.856 (C) of 2013 shall stand confirmed. (Vikash Jain, J) B.T/- U T