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Patna High CourtCR. MISC./80652/2023allowed

Jai Narayan Sardar @ Jay Narayan Sardar v. The State Of Bihar

2023-12-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80652 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- MAHILA P.S District- Supaul ====================================================== JAI NARAYAN SARDAR @ JAY NARAYAN SARDAR S/o Polay Sardar R/o village- Mohammadganj Ward No.- 13, P.S.- Chhatapur (Rajeshwari O.P.), District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 323, 447, 448, 376, 379, 354(B), 420, 406, 504, 506/34 of the Indian Penal Code.

3. Allegedly, the petitioner's son is said to have made physical relation with the complainant by giving assurance of marriage but later on denied to marry her. It is alleged that the petitioner demanded Rs.5,00,000/- as dowry from the complainant's family and due to non-fulfillment of the demand, the co-accused refused to marry the complainant.

4. 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

Patna High Court CR. MISC. No.80652 of 2023(2) dt.19-12-2023 2/2 the manner as alleged, has ever taken place. He submits that the petitioner is the father of co-accused Bikram Kumar and there is no specific overt act against him. He further submits that the specific allegation is against the co-accused Bikram and he is already in judicial custody. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. 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 below where the case is pending/Successor Court in connection with Mahila P.S. Case No.18 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T