Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37968 of 2023 Arising Out of PS. Case No.-605 Year-2022 Thana- BEUR District- Patna ====================================================== SHASHI KUMAR Son of Jugeshwar Prasad Resident of Village - Dashratha, Police Station - Beur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Veena Kumari Wife of Shashi Kumar Resident of Village - Dashratha, Police Station - Beur, District - Patna.

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP Mr. Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-08-2023

1. Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant who has appeared suo motu.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Beur P.S. Case no. 605 of 2022, registered under sections 498A, 323, 341, 504 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the informant states that on her going to her sasural on 21.11.2022, her brother-inlaw (Nandosi), the two sister-in-laws (Nanad) and the son of one of the sister-in-laws caught hold of her hair and assaulted

Patna High Court CR. MISC. No.37968 of 2023(2) dt.22-08-2023 2/3 her. They also abused her. All this took place for the reason that her brother-in-law (Nandosi) wanted to marry his sister to her husband. It is finally stated that her husband does not treat her properly as a result of the instigation of the other accused persons.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case on account of his being the husband of the complainant. Even from the contents of the F.I.R., no allegation has been levelled against him instead the main allegation is against the other accused persons. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that it is because of instigation of the other accused persons that the petitioner is not residing with the informant.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against this petitioner in the F.I.R. together with the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on

Patna High Court CR. MISC. No.37968 of 2023(2) dt.22-08-2023 3/3 anticipatory bail in connection with Beur P.S. Case no. 605 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Patna. (Partha Sarthy, J) Shiv/- U T