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Patna High CourtCR. MISC./67955/2022disposed

Dipak Kumar Choudhary @ Deepak Kumar Choudhary v. The State Of Bihar

2023-06-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67955 of 2022 Arising Out of PS. Case No.-397 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Dipak Kumar Choudhary @ Deepak Kumar Choudhary Son Of Late Pashupati Nath Choudhary R/O Vill.- Semapur, P.S.- Barari, Distt.- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SAKSHI KUMARI WIFE OF DIPAK KUMAR COUDHARY R/O VILL.- DHOLBAJJA, P.S.- DHOLBAJJA, DISTT.- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 342, 498(A), 406, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act pending in the learned court below.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that outside the Court, both the sides have settled the matter and the complainant is living with the petitioner. He further submits that petitioner has got no criminal

Patna High Court CR. MISC. No.67955 of 2022(3) dt.20-06-2023 2/2 antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the statement made by learned counsel for the petitioner at bar, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.397/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

However, the learned Court below is directed to verify the fact that the complainant is living with petitioner or not. If the complainant is not living with the petitioner, the bail bond of the petitioner shall not be accepted by the learned Court below. (Anjani Kumar Sharan, J) ajay/- U T