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Patna High CourtCR. MISC./46070/2021bail granted

Sharwan Kumar Giri @ Sharwan Giri v. The State Of Bihar

2022-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46070 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== SHARWAN KUMAR GIRI @ SHARWAN GIRI Son of Satya Nrayan Giri Resident of Village- Cha- Pahi, P.S.- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Munni Devi Daughter of Bisheshwar Giri Resident of Village- Baliya, P.S.- Benipatti, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Benipatti P.S. Case No. 297 of 2020 instituted for the offence under Sections 147, 323, 498A, 504, 506, 379, 34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. This case relates to torture and harassment due to nonfulfillment of further dowry demand and finally husband of the informant ousted her from matrimonial home after snatching her belongings.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any

Patna High Court CR. MISC. No.46070 of 2021(3) dt.25-04-2022 2/2 thing from the informant. Petitioner has filed a case for restitution of conjugal life bearing Matrimonial Case No. 180 of 2020. It is further submitted by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity. Learned counsel for the informant has asserted that informant is not ready to live with her husband due to threatening. She wants one time settlement.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Benipatti P.S. Case No. 297 of 2020 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Benipatti, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U