Patna High CourtCR. MISC./1103/2017bail granted

Sushil Kumar Ojha @ Sushil Kr. Ojha v. State Of Bihar And ANR

2017-01-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1103 of 2017 Arising Out of PS.Case No. -171 Year- 2016 Thana -BRAHMPUR District- BUXAR ====================================================== Sushil Kumar Ojha @ Sushil Kr. Ojha, son of Sarwan Kumar Ojha, R/o village- Nimej, P.S. Brahmpur, District- Buxar .... .... Petitioner/s

Versus

1. State of Bihar

2. Chandra Kumar Trivedi S/o Lakhi Chand Tiwary, R/o villageGosaipur, P.S. Sahpur, District- Bhojpur (Ara) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Brahmpur P.S. Case No. 171 of 2016 for the offences instituted under Sections 341, 323, 498(A), 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

The allegation against the petitioner is that he along with other co-accused subjected the informant to cruelty mentally and physically due to non-fulfillment of the demand of dowry and driver her out from her matrimonial home. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.1103 of 2017 (2) dt.13-01-2017 2/2 petitioner. He has falsely been implicated in the present case. The victim wife of the petitioner is residing with him. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Brahmpur P.S. Case No. 171 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T