Ajit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36486 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== AJIT KUMAR MISHRA son of Sri Tej Narayan Mishra Resident of VillageShermari Bazar, P.S.- Pirpainti, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 120(B), 376, 498(A), 494 and 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the accused persons is of committing torture and harassment upon the victim due to nonfulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.36486 of 2020(2) dt.17-04-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner happens to be father of the second wife of the husband of the informant. He is separate in mess and property from the husband of the informant. He has got no concern with the alleged occurrence. There is no allegation against him in respect of offence under section 376 IPC. Other co-accuseds have been granted anticipatory bail vide Annexures- 2 and 3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Bhagalpur Mahila P.S. Case No. 36 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Pankaj/- (Sudhir Singh, J) U T