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Patna High CourtCR. MISC./25218/2021disposed

Kamlesh Choudhary v. The State Of Bihar

2022-03-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25218 of 2021 Arising Out of PS. Case No.-748 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Kamlesh Choudhary Son of Dinesh Choudhary Resident of Village- Bahla, P.S.- Shivaje Nagar, District- Samastipur, at present residing 303 Type 1 NH-4 Faridabad, P.S.- Faridabad, District- Hariyana. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Devi Wife of Kamlesh Choudhary, Daughter of Arun Jha Resident of Village- Nande Nagar, P.S.- Rosera, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Vinay Kumar Mishra, Advocate For the State :

Mr.Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 748 of 2018 registered for the offences under Section 498A of the Indian Penal Code. Specific statement has been made in paragraph 9 of the bail application that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 23.03.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled

Patna High Court CR. MISC. No.25218 of 2021(3) dt.02-03-2022 2/2 their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Rosera, Samastipur in connection with Complaint Case No. 748 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Till filing of the application by the opposite party no.2 and her husband in the court below, the petitioner shall not be arrested in connection with aforesaid case.

It is made clear that for non compliance of this order, bail bond of the petitioner shall stand automatically cancelled. (Sandeep Kumar, J) BT/- U T