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Patna High CourtCR. MISC./42656/2024allowed

Aman Soni @ Kishan v. The State Of Bihar

2024-07-10Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42656 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Aman Soni @ Kishan Son Of Raju Soni Resident Of Mohalla - Hasan Bazar, P.S. - Hasan Bazar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Piro (Hasan Bazar) P.S. Case No. 08 of 2024 instituted under Sections 341, 323, 324, 354, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he caught the hair of the informant and dragged her from roof to down. It is further alleged that the

Patna High Court CR. MISC. No.42656 of 2024(2) dt.10-07-2024 2/3 petitioner and the bhaisur of the informant forcibly entered into the room of the informant and took away Rs. 50,000/- from her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case and the petitioner is the own nephew of the informant and due to family dispute, his name has been dragged in the FIR. He further submits that the date of occurrence is 03.01.2024 and the written application of the informant was given to the Police on 05.01.2024 and the FIR was sent to the Court on 15.01.2024 after 10 days of the registration of the present FIR which creates doubt in the present case. Learned counsel submits that the informant has filed two cases earlier with respect to dowry torture against the family members including the petitioner. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No.42656 of 2024(2) dt.10-07-2024 3/3 learned Additional Chief Judicial Magistrate-IV, Bhojpur / Concerned Trial Court at Ara in connection with Piro (Hasan Bazar) P.S. Case No. 08 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T