Patna High CourtCR. MISC./9842/2019bail granted

Kailash Kumar v. The State Of Bihar And ANR

2019-02-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9842 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- MAHILA THANA District- Begusarai ====================================================== KAILASH KUMAR S/o Late Sahdev Mahto Resident of Village- Chilmil, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar 2.

Asha Devi W/o Kailash Kumar, D/o Ramlakhan Verma Resident of VillageBagwan, P.S.- Bakhari, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2019 This is an application for grant of anticipatory bail in Mahila P.S.Case No.29 of 2018, disclosing offences under Sections 323, 341, 498-A and 494/34 of the Indian Penal Code. In compliance of this Court's order dated 19.02.2019, the petitioner is personally present. The informant has, however, not appeared.

Learned counsel for the informant states that the informant is not well to attend the Court's proceeding. However, the stand on behalf of the informant appears to be vague. Taking into account the facts and circumstances and particularly the aspect which emerges from the materials on record that it is because of matrimonial discord between the

Patna High Court CR. MISC. No.9842 of 2019(3) dt.26-02-2019 2/2 petitioner and the informant that the present FIR has been registered, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks from today in the court below, 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 the learned S.D.J.M. Begusarai in Mihaila P.S. Case No. 29 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T