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Patna High CourtCR. MISC./86487/2023allowed

Awadhesh Baitha v. The State Of Bihar

2024-07-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86487 of 2023 Arising Out of PS. Case No.-240 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== Awadhesh Baitha S/O Bhikhari Baitha Resident Of Village- Hirdopatti Tole Sahpur (HRIDAYAPATTI), Police Station- Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Biml Devi W/O Awdhesh Baitha D/O Narayan Baitha At Present Residing At Village- Gauri Police Station- Nanpur, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, opposite party no. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 379, 498A, 504, 34 of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the dispute between the parties has been

Patna High Court CR. MISC. No.86487 of 2023(3) dt.05-07-2024 2/2 settled amicably and petitioner and opposite party no. 2 is residing as husband and wife peacefully.

5. Learned counsel for the opposite party no. 2 has conceded the submissions of the learned counsel for the petitioner.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Nanpur P.S. Case No. 240 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T