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Patna High CourtCR. MISC./51797/2019bail granted

Anand Ravi v. The State Of Bihar

2020-06-12Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51797 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== ANAND RAVI, aged about 32 years (Male), S/o Lalan Prasad Yadav, R/o village- Hussaini Chak, P.S.- Balia, District- Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Kumari Chetna, W/o Anand Ravi, R/o village- Hussaini Chak, P.S.- Balia, District- Begusarai. At present D/o late Chandra Shekhar Yadav, Resident of Bari Balia, P.S.- Balia, District- Begusarai. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Hare Krishna Prasad, Advocate.

For the State :

Mr.Shailendra Kumar, A.P.P.

For the O.P. No. 2 : Mr. Prabhakar Sinha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsels for the petitioner, opposite party no. 2 and learned counsel for the State. The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 341 and 498(A) of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-

Patna High Court CR. MISC. No.51797 of 2019(3) dt.12-06-2020 2/3 fulfilment of demand of dowry. It is also alleged that the petitioner solemnized the re-marriage with another girl and kicked the opposite party no. 2 from her house. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) P.L.J.R. 182. On behalf of the State and opposite party no. 2, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned J.M. Ist Class, Begusarai, in connection with Complaint Case No. 717C of 2018, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.51797 of 2019(3) dt.12-06-2020 3/3 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T