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Patna High CourtCR. MISC./65209/2021allowed

Kritnarayan Sharma @ Santosh v. The State Of Bihar

2022-06-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65209 of 2021 In CRIMINAL MISCELLANEOUS No.44810 of 2019 Arising Out of PS. Case No.-403 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== KRITNARAYAN SHARMA @ SANTOSH Son of Brajnandan Prasad Resident of Village - Diawan, P.S.- Karai Parsurai, Distt.- Nalanda. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Priyanka Kumari W/o Kritnarayan Sharma @ Santosh , D/o Yugeshwar Prasad Resident of Village - Vikash Nagar, Bypass Road, P.S.- Laheri, Distt.- Nalanda.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-06-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned Addl.P.P. for the State through video conferencing. Complainant, Priyanka Kumari, made allegation against the petitioner who is her husband that he tortured her for nonfulfillment of demand of dowry and ousted her from the matrimonial house.

The petitioner's anticipatory bail was rejected by the court below and, thereafter, he preferred Cr. Misc. No. 44810 of 2019 for anticipatory bail before this Court. Vide order dated 30.09.2019 the petitioner was directed to appear before the court below on

Patna High Court CR. MISC. No.65209 of 2021(2) dt.24-06-2022 2/2 16.10.2019 and file an affidavit that he is ready to keep the petitioner with full dignity and honour. It was also observed that after filing affidavit he will be allowed provisional bail for a period of six months. The petitioner did not appear on the stipulated date. Learned counsel for the petitioner submits that due to lockdown on account of Covid-19 pandemic, he could not surrender before the court below on stipulated date.

Considering the aforementioned facts and circumstances, the petitioner is directed to appear before the court below within a period of six weeks from today and he shall file an affidavit as observed by this Court in Cr. Misc. No. 44810 of 2019 vide order dated 30.09.2019.

The petitioner before his surrender shall deposit Rs. 10,000/- in the fund of District Legal Services Authority and at the time of surrender, he shall produce the receipt thereof before the learned court below.

With these observations, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T