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Patna High CourtCR. MISC./74854/2022bail granted

Prashant Kumar Singh v. The State Of Bihar

2023-09-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74854 of 2022 Arising Out of PS. Case No.-9 Year-2021 Thana- MAHILA P.S. District- Vaishali ====================================================== Prashant Kumar Singh Son of Baleshwar Singh Resident of MohallaSanchipatti, Road No. 5, P.S- hajipur Town, dist- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushi Kumari Wife of Prashant Kumar singh Resident of MohallaSanchipatti, Road No. 5, P.S- Hajipur Town , Dist- Vaishali Presently residing at D/o Sanjay Singh Village- Ayachi, Road no. 3, Kolhua Paigambarpur, P.S- Ahiyapur, Dist- Muzaffarpur, Pin No. 843108 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 498(A), 504 and 506/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

3. There is allegation of commission of torture and harassment for dowry. Petitioner happens to be the husband of Opposite Party No. 2.

4. It is submitted that a divorce petition bearing M. Divorce Case No. 347 of 2023 dated 01.08.2023 filed by both the parties jointly i.e. the petitioner and the opposite party no. 2

Patna High Court CR. MISC. No.74854 of 2022(5) dt.08-09-2023 2/2 of the present case to get the divorce with mutual consent before the learned court of Principal Judge, Family Court, Hajipur, Vaishali.

5. In view of the aforesaid fact, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahila P.S. Case No. 09 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T