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Patna High CourtCR. MISC./61623/2019bail granted

Sanjay Ojha v. The State Of Bihar

2019-10-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61623 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- MASHRAK District- Saran ====================================================== Sanjay Ojha, Son of Late Gautam Ojha Resident of Village- Harpurjan, Police Station- Mashrak, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Mashrak P.S. Case No.187 of 2019, for the offence punishable under Sections 323, 379, 406, 498(A) of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

The allegation against the petitioner as per the First Information Report is that the marriage of the informant was solemnized with the brother of the petitioner, Binod Ojha on 23.06.2018 and after some time, all the accused persons started demanding Alto Maruti Car from the informant and her family members and due to non-fulfillment of the same, the informant was tortured physically and mentally.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. From perusal of the First

Patna High Court CR. MISC. No.61623 of 2019(2) dt.16-10-2019 2/2 Information Report, it would be evident that no specific allegation has been levelled against the petitioner and allegation against him is general and omnibus in nature. Learned counsel further submits that the petitioner is the elder brother of the husband of the informant. Having regard to the submissions made by the parties and taking into consideration the fact that allegation against the petitioner is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 6th, Saran at Chapra, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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