Ajit Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55978 of 2022 Arising Out of PS. Case No.-148 Year-2022 Thana- DURAULI District- Siwan ====================================================== AJIT PRASAD Son of Birendra Prasad R/O Village - Garwar, P.S.- Darauli, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari Daughter of Late Upendra Prasad R/O Village - Kanhpakar, P.S.- Asaon, District - Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsels for the petitioner and learned A.P.P. for the State. Despite service of notice, nobody appears on behalf of O.P. No.2 The petitioner is apprehending his arrest in connection with Darauli PS Case No. 148 of 2022 for the offence registered under Sections 498(A) and some other ancillary Sections of the I.P.C. and 3/4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to non-fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the

Patna High Court CR. MISC. No.55978 of 2022(7) dt.17-04-2023 2/2 petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner has got clean antecedent.

On behalf of the learned counsels for the State and, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Siwan in connection with Darauli PS case No. 148/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T