Moti Lal Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69191 of 2019 Arising Out of PS. Case No.-276 Year-2019 Thana- DHAKA District- East Champaran ====================================================== MOTI LAL BAITHA Son of Dhrunath Baitha @ Dhupnath Baitha Resident of Village - Bishambharpur (Ramji Dube Tola), Ward No. 11, P.S.- Dhaka, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A, 342, 323, 376, 420 and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is of developing physical relation with the Informant on the promise of marriage and thereafter marrying her and torturing for non fulfillment of demand of dowry of Rs. 6 Lacs.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Learned counsel for the petitioner submits that Informant had earlier got married two times. It has been further submitted that

Patna High Court CR. MISC. No.69191 of 2019(2) dt.18-12-2019 2/2 neither petitioner had established any physical relation with her on promise of marriage nor he married her. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of his/her arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dhaka P.S. Case No. 276 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) ranjan/- U