Patna High CourtCR. MISC./26991/2015bail granted

Ajay Kumar Patel v. State Of Bihar And ANR

2015-07-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26991 of 2015 Arising Out of PS.Case No. -197 Year- 2010 Thana -BARAULI District- GOPALGANJ ====================================================== Ajay Kumar Patel, son of Kalicharan Prasad Patel .... .... Petitioner/s

Versus

1. The State of Bihar

2. Arti Devi, wife of Ajay Kumar Patel .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the informant is in jail custody since 12.05.2015 in a case registered for the offences punishable under Sections 498A, 406, 323 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

It would appear that marriage of the petitioner was solemnized with the informant in the year 2008 but after two years of the marriage, the present case was filed. Moreover, it further appears that on the assurance of the petitioner, the complainant went to her matrimonial home and remained there for near about six months but again dispute arose between the parties as a result thereof, the provisional bail granted to the petitioner was not confirmed by the court below.

Patna High Court Cr.Misc. No.26991 of 2015 (2) dt.28-07-2015 2/2 It appears that there is no scope of conciliation between the parties.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that no specific overt-act has been attributed against the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Pandey, Judicial Magistrate 1st Class, Gopalganj in connection with Barauli P.S. Case No. 197 of 2010.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T