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Patna High CourtCR. MISC./4903/2019bail granted

Lakhindra Rai @ Lakindra Kumar v. The State Of Bihar And ORS

2019-01-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4903 of 2019 Arising Out of PS. Case No.-1456 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Lakhindra Rai @ Lakindra Kumar, (Male) age 35 years, son of Kalewar Rai Resident of Village- Itwa, P.S.- Hathauri, Dist. Muzaffarpur. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Ram Shrestha Rai (M) aged 60 years son of Ram Khelawan Rai, Resident of village- Satpura, P.S. Sakra, Dist. Muzaffarpur.

3. Punam Kumari (F) aged 25 years wife of Lakhindra Rai, D/O Ram Shrestha Rai resident of village- Satpura, P.S. Sakra, Dist. Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 This is an application for grant of anticipatory bail in connection with Samastipur Complaint Case No. 1456 of 2017, disclosing offences under Section 498(A) of the Indian Penal Code.

Allegation against the petitioner is of taken rupees 3 lacs from the complainant, who is father-in-law of the petitioner, and not returning the same.

Submission of learned counsel for the petitioner is that earlier also a complaint case was lodged by the complainant against her first husband and the same was compromised, which will appear from Annexure-2 and the statement of wife initially recorded in the court during enquiry that she does not want to go

Patna High Court Cr.Misc. No.4903 of 2019(2) dt.29-01-2019 2/2 to her sasural. Further, the petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released 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 learned J.M. 1st Class, Muzaffarpur, in connection with Samastipur Complaint Case No. 1456 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T