← Library
Patna High CourtCR. MISC./58369/2019bail granted

Amaresh Kumar v. The State Of Bihar

2019-11-20Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58369 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== AMARESH KUMAR Son of Rama Shankar Ram Resident of VillageDullahpur, Harnathpur, Police Station- Mohania, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 The petitioner apprehends their arrest in connection with Mahila (Bhabua) P.S. Case No. 57/2019 registered under Sections 498-A, 341, 323, 506, 313/34 of the Indian Penal Code Section 3/4 of Dowry Prohibition Act.

The petitioner being the brother-in-law (Bhaisur) of the informant demanded Maruti Swift car along with other accused persons from the informant and due to non-fulfillment of the demand, the petitioner along with other accused persons tortured the informant mentally, physically and also terminated the pregnancy of the informant.

Mr. Kumar Sunil, learned counsel appearing for the petitioner submits that petitioner is brother-in-law (Bhaisur) of the informant and has falsely been implicated in this case along with other family members. Learned counsel submits that

Patna High Court CR. MISC. No.58369 of 2019(3) dt.20-11-2019 2/2 the allegation against the petitioner is general and omnibus in nature and other co-accused persons i.e., father-in-law, motherin-law and sister-in-law have been granted anticipatory bail by this Court in Cr. Misc. No. 56962 of 2019.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner is brother-in-law (Bhaisur) of the informant and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the Court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Kaimur (Bhabua), in connection with Mahila (Bhabua) P.S. Case No. 57/2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Ranjeet/- U T