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Patna High CourtCR. MISC./42885/2022allowed

Kumar Siddhartha @ Kumar Sidharth v. The State Of Bihar

2023-09-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42885 of 2022 Arising Out of PS. Case No.-46 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== KUMAR SIDDHARTHA @ KUMAR SIDHARTH SON OF VIRENDRA KUMAR SINGH R/O MOHALLA- GAURI SHANKAR ROAD, NEAR DURGA MANDAP, P.S.- TILAIYA, DISTRICT- KODERMA- 825409 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Anant Kumar 1 Mrs. Alka Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A and other allied Sections of the Indian Penal Code and other 3 and 4 of Dowry Prohibition Act.

3. Allegedly, the petitioner, who is the husband of informant is said to have assaulted the informant and also ousted her out of her matrimonial house on the pretext of nonfulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has never

Patna High Court CR. MISC. No.42885 of 2022(8) dt.18-09-2023 2/2 made demand for dowry from the informant. He further submits that earlier the petitioner filed a divorce case thereafter the informant filed the present case. Informant appeared in the divorce case and later on filed a maintenance case as well as a domestic violence case against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Siwan Mahila P.S. Case No.46 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T