Amit Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72092 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- MOKAMAH District- Patna ====================================================== AMIT RANJAN KUMAR Son of Late Ganesh Singh Resident of Ward No.- 08, P.O and P.S.- Garhara, District- Begusarai, Bihar-851126 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Apurv Harsh For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In compliance of the order dated 02.02.2023, notice has been validly served upon O.P. No.2 but nobody appears on her behalf.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 404, 406, 379, 34 and 498(A) of the Indian Penal Code. As per the prosecution case, the informant got married with one Rajiv Kumar Ranjan on 23.02.2017 but on 23.05.2021, her husband died due to some illness. It is alleged that the petitioner alongwith his family members tortured the informant/complainant and also ousted her from her matrimonial house on the pretext of non-fulfillment of demand

Patna High Court CR. MISC. No.72092 of 2022(3) dt.23-03-2023 2/3 for dowry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the husband of the informant died on 23.05.2021, thereafter the informant made up the mind of extracting money from her in-laws. He further submits that the mother-in-law of informant has already been granted bail by a co-ordinate Bench of this Court. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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

Patna High Court CR. MISC. No.72092 of 2022(3) dt.23-03-2023 3/3 below where the case is pending/Successor Court in connection with Mokama P.S. Case No.291 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T