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Patna High CourtCR. MISC./55599/2023allowed

Subodh Kumar v. The State Of Bihar

2023-10-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55599 of 2023 Arising Out of PS. Case No.-192 Year-2020 Thana- GOPALPUR District- Patna ====================================================== 1.

Subodh Kumar S/O Late Hari Prasad R/O Pipra, P.S.-Gopalpur, Dist-Patna 2.

Sumit Kumar Soni @ Vinod Kumar @ Sumit @ Binod Kumar S/O Late Hari Prasad R/O Pipra, P.S.-Gopalpur, Dist-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juhi Kumari Wife Of Ajit Kumar Soni R/O Pipra, P.S.-gopalpur, Dist-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioners along with other accused persons are said to have tortured and assaulted the informant due to non-fulfillment of the dowry demand.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.55599 of 2023(2) dt.09-10-2023 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He submits that petitioners no. 1 and 2 are brothers-in-law of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Gopalpur P.S. Case No.192 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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