Patna High CourtCR. MISC./20383/2024bail granted

Dharmendra Kumar v. The State Of Bihar

2024-12-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20383 of 2024 Arising Out of PS. Case No.-138 Year-2021 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Dharmendra Kumar Son of Shri Sao R/o Village- Kachhiyana, P.S.- Amhara,dist.- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar, Patna 2.

Supriya Kumari Wife of Dharmendra Kumar D/o Ram Sharan Saw, R/o Village Gohrhi, P.S. Kiul, Dist.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma, APP For the O.P. No.2 Mr. Narsingh Tanti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, the State and the informant.

2. Though this Court from 02.04.2024 till the present date tried its best that both stay together, their profession has come in between. Good thing is that there is no Divorce Suit pending between them, a chance of getting together is always there as the couple is blessed with a child, Aditya. The petitioner is staying at Buxar while the lady is in Lakhisarai. The child is with the mother. Both will be having visiting rights to meet each other as still they are husband and wife and the child belongs to them.

3. The husband is paying Rs. 5000/- per month to the

Patna High Court CR. MISC. No.20383 of 2024(6) dt.13-12-2024 2/3 lady in her Bank Account and he shall continue making the same.

4. Taking into account all the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

5. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Complaint Case No. 138C/2021 to the satisfaction of learned C.J.M., Lakhisarai subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required;

Patna High Court CR. MISC. No.20383 of 2024(6) dt.13-12-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T