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Patna High CourtCR. MISC./56382/2023bail granted

Sanjay Kumar Ojha @ Sanjay Ojha v. The State Of Bihar

2023-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56382 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.

SANJAY KUMAR OJHA @ SANJAY OJHA SON OF LATE RAM BACHAN OJHA RESIDENT OF VILLAGE AND P.O. - PHULARHI, POLICE STATION - SANDESH, DISTRICT - BHOJPUR PRESENTLY RESIDING AT B.I.T. SINDARI, POLICE STATION - SINDARI, DISTRICT - DHANBAD-828122 2.

BABY DEVI WIFE OF UTPAL KANT TIWARY RESIDENT OF VILLAGE AND P.O. - PHULARHI, POLICE STATION - SANDESH, DISTRICT - BHOJPUR PRESENTLY RESIDING AT VILLAGE - RAJPUR, POLICE STATION - BIHTA, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh For the Opposite Party/s :

Mr.Ahmad Ali Mr. Balgovind Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 307, 498A and some other ancillary Sections of the Indian Penal Code and u/s 3⁄4 of Dowry Prohibition Act.

3. Allegation against the petitioners and other accused persons is commission of torture and harassment for dowry.

4. Petitioner No.1 is father-in-law and petitioner No.2 is sister-in-law of the informant

5. Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.56382 of 2023(2) dt.31-08-2023 2/2 submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that thrust of accusation is against the husband and so far these petitioners are concerned, allegation is general and omnibus. Petitioners are separate from the informant in mess and property. Petitioners have got clean antecedent.

6. Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail.

7. Considering the facts of the case and clean antecedent of the petitioner, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of SDJM, Ara in connection with Mahila PS case No. 26/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T