Ashish Kumar Dubey @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68504 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== Ashish Kumar Dubey @ Ashish Kumar Son Of Dinesh Dubey Resident Of Village - Lagusa, P.S. - Raghunathpur, District - Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sabita Kumari Daughter Of Late Paramhans Mishra Resident Of Village - Kanhauli, Police Station - M.H. Nagar, District - Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. Though notice has validly been served upon opposite party no. 2 but nobody appeared on behalf of opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

4. As per the prosecution case, the allegation against the petitioner along with other co-accused persons is that they tortured the informant in various ways and ousted her from their house due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.68504 of 2023(3) dt.29-02-2024 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has never demanded dowry from the informant and also never tortured her. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Raghunathpur P.S. Case No. 77 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T