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Patna High CourtCR. MISC./81235/2023allowed

Manjit Kumar @ Manjit Sah v. The State Of Bihar

2023-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81235 of 2023 Arising Out of PS. Case No.-635 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== MANJIT KUMAR @ MANJIT SAH SON OF SHANKAR SAH R/O VILLAGE- ANJUA SUGAULI, P.S.- SHIKARPUR, DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR PATNA 2.

SUNITA DEVI WIFE OF MANJIT KUMAR @ MANJIT SAH, D/O YOGENDRA SAH R/O VILLAGE- ANJUA SUGAULI, P.S.- SHIKARPUR O.P., DIST.- WEST CHAMPARAN, AT PRESENTVILLAGE- DAINMARWA, P.S.- RAMNAGAR, DIST.- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 498A, 323, 341, 363, 314, 504, 34 of the IPC.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner (husband of the informant) used to brutally assault the informant for demand of dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such

Patna High Court CR. MISC. No.81235 of 2023(2) dt.20-12-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that from perusal of para-4 of the impugned order, it is clear that the informant as well as the petitioner appeared before the Court below and both denied to live together and their statement was recorded in para4 of the impugned order. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 below where the case is pending/Successor Court in connection with Shikarpur P.S. Case No.635 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T