Patna High CourtCR. MISC./14484/2015bail granted

Kamlesh Ojha v. State Of Bihar And ANR

2015-04-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14484 of 2015 Arising Out of PS.Case No. -289 Year- 2014 Thana -SAHPUR District- BHOJPUR ======================================================

1. Kamlesh Ojha Son of Shivjee Ojha Resident of village - Kataya, P.S. Bihiya, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amar Nath Mishra Son of Sri Deo Dhari Mishra Resident of village - Naragada, P.S. Sahpur, District - Bhojpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Shahpur Police Station Case No. 289 of 2014 registered for the offences punishable under Sections 406, 494/34 of the Indian Penal Code.

The contention on behalf of the petitioner is that prior to filing of the present case, the informant lodged Mahila P.S.Case No. 55 of 2014 against the petitioner and others for the offence punishable under section 323, 498A, 420, 504, 506/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act and again informant has brought the present case with an intent to harass the

Patna High Court Cr.Misc. No.14484 of 2015 (2) dt.07-04-2015 2/2 petitioner and his family members. It is further contended on behalf of the petitioner that the family members of the petitioner has already been granted privilege of bail by this Court vide order dated 27,01,2015 passed in Cr. Misc. No.3435 of 2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Shahpur Police Station Case No. 289 of 2014 , subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U