Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51785 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- MASAUDHI District- Patna ====================================================== ADITYA KUMAR SON OF SATYENDRA SINGH @ SATYENDRA YADAV R/O-NAGSTHAN, P.S.-MASAURHI, DISTT.-PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Prerna Rishi, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 504, 498A r/w 34 of the IPC and sections 3 and 4 of the Dowry Prohibition Act, 1961. 3.

Allegation against the petitioner is that he has been torturing his wife (the informant) for the last one year on account of non-fulfillment of demand of dowry and driven his wife out of the matrimonial house after assaulting her. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.51785 of 2023(6) dt.30-01-2024 2/2 general and omnibus in nature. It is submitted that the petitioner was granted the benefit of section 41(a) of the Cr.P.C. and later on after investigation, police has filed charge sheet against the petitioner and there is no allegation against the petitioner to tamper the evidence. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for 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 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 Masaurhi P.S. Case No.145 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T