Chandra Bhushan Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7853 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Chandra Bhushan Kumar, Son of Ashok Kumar @ Jhulan, Resident of Village - Samardah, Police Station - Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Devi, D/o- Manoj Kumar, R/O - Afimikathi Manjhaua , P.S.- Ara Town, District- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Akhileshwar Prasad Singh, Sr. Advocate Sri Bimal Kumar , Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP For the informant :

Sri Madanjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-04-2019 Heard Sri Akhileshwar Prasad Singh, learned senior counsel, assisted by Sri Bimal Kumar, learned counsel for the practitioner, Sri Upendra Kumar, learned Additional Public Prosecutor as well as Sri Madanjeet Kumar, learned counsel who has voluntarily appeared on behalf of the informant - opposite party no. 2 / wife of petitioner.

The petitioner, apprehending his arrest in connection with Mahila P.S. Case No. 69 of 2018 giving rise to G.R. No. 2154 of 2018 registered for the offence under Section 498 (A)/379/34 of the Indian Penal Code 1860 and Section 3⁄4 of the Dowry Prohibition Act has prayed for grant of bail in the event of his arrest or surrender.

Patna High Court CR. MISC. No.7853 of 2019(3) dt.05-04-2019 2/3 It was submitted by learned senior counsel for the petitioner that in this case two other accused persons have been extended the privilege of anticipatory bail however it is admitted that petitioner is husband of the informant - opposite party no. 2.

Sri Madanjeet Kumar, learned counsel for the informant on instruction submits that wife - opposite party no. 2 ( informant ) is still ready to reside with the petitioner as his wife, provided she may not be administered any torture. Sri Singh, learned senior counsel agrees to such proposal. Accordingly, with a view to settle the family dispute the court proposes to pass order for extending the privilege of anticipatory bail to the petitioner.

Accordingly in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Chandra Bhushan Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Sub - Divisional Judicial Magistrate, Ara, Bhojpur / concerned court in connection with Mahila P.S. Case No. 69 of 2018 giving rise to G.R. No. 2154 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.7853 of 2019(3) dt.05-04-2019 3/3 Procedure, 1973 with clear indication that if in future the opposite party no. 2- wife is administered any torture she would be at liberty to approach this court by filing an affidavit indicating therein such fact. In that event, this court may recall this order.

With above condition the anticipatory bail petition stands allowed.

(Rakesh Kumar, J) praful/- U T