Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58321 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Prakash Kumar S/O Sanjay Kumar Ojha @ Sanjay Ojha R/O Village And PoPhularhi, Ps. Sandesh, Dist. Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 26 of 2023 registered under Sections 341, 504, 506, 307, 313, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per prosecution case, the allegation against this petitioner is of commission of torture and harassment to the informant for non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner is the husband of the informant. Further submission is that during pendency of this case, the informant has filed an application for maintenance

Patna High Court CR. MISC. No.58321 of 2023(4) dt.17-05-2024 2/2 allowance before the Air-Chief Marshal who vide order dated 05.01.2024 directed the petitioner to pay Rs. 9300/- per month to the informant w.e.f. 09.08.2023 for a period of five years. In view of the said order, at present petitioner altogether paid Rs. 14,000/- including arrears in the bank account of the informant, in support thereof, a supplementary affidavit has been filed. Petitioner claims clean antecedent.

5. Having considered the aforesaid contention of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Ara in connection with Mahila P.S. Case No. 26 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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