Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45546 of 2022 Arising Out of PS. Case No.-468 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== HEMANT KUMAR SON OF RANVIR DAS R/O VILLAGESAHOBIGHA, P.S.- GHOSHI, DIST.- JEHANABAD ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

NILAM KUMARI WIFE OF HEMANT KUMAR, DAUGHTER OF RAMJI DAS R/O VILLAGE- MAEI, P.S.- KHIZERSARAI, DIST.- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 498(A), 504 and 506 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the bail application was rejected by the

Patna High Court CR. MISC. No.45546 of 2022(2) dt.01-12-2022 2/2 learned Court below on 16.06.2022. He further submits that in the Court below in the process of mediation the matter was settled between the parties and he produced the agreement between the parties before the mediator in the learned Court below dated 26.08.2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that the matter is settled between the parties, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Complaint Case No. 468 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The agreement produced by the learned counsel for the petitioner is kept on the record.

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