Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53113 of 2023 Arising Out of PS. Case No.-737 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SHAMBHU KUMAR S/o- BHOLA PARSAD Mohalla- Makhlautganj Mirza Dost Mohammad Lane Ps- Kotwali Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Gunja Kumari wife of Shambhu KUmar Mohalla- Dobhi Ps- Dobhi DistGaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha For the State :

Mr. Rajendra Prasad Nat For the O.P. No. 2 :

Mr. Arvind Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A and Section 4 of the Dowry Prohibition Act of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have tortured the complainant physically and mentally due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.53113 of 2023(4) dt.27-02-2024 2/2 specific rather general and omnibus in nature. He submits that there is compromise between the parties, this fact is not denied by learned counsel for the opposite party no. 2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the opposite party no. 2 opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is compromise between the parties, 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 Complaint Case No. 737 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T