Bam Shankar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16251 of 2021 Arising Out of PS. Case No.-1833 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== BAM SHANKAR PANDIT S/O BUDHAN PANDIT R/O VILLAGE MUKUNDA P.S CHAKAI DISTRICT JAMUI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

CHAMPA DEVI W/O BAM SHANKAR PANDIT, D/O MUNSI PANDIT R/O VILLAGE-MUKUNDA, P.S-CHAKAI, DISTRICT-JAMUI. AT PRESENT R/O KESHOPHARKA, P.S-SONO, DISTRICT-JAMUI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 504, 506, 307, 498A and 380 of the Indian Penal Code.

It is a case of harassing/torture to the complainant due to non-fulfilment of dowry demand by the petitioner and inlaws. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.16251 of 2021(3) dt.10-02-2022 2/3 that the petitioner has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He further submits that presently, the Opposite Party No.2 is living with this petitioner along with her children.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Complaint Case No. 1833C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Learned court below is directed to verify the fact at the time of filing of the bail bond by the petitioner that whether the wife of the petitioner and her children are living with the petitioner peacefully. And if the Opposite Party No.2 is subjected to torture by the petitioner or in-laws, the Opposite Party No.2 shall have liberty to move before the learned court

Patna High Court CR. MISC. No.16251 of 2021(3) dt.10-02-2022 3/3 below for cancellation of bail bond of the petitioner. (Sunil Kumar Panwar, J) brajesh kumar/- U T