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Patna High CourtCR. MISC./27143/2014bail granted

Om Prakash v. State Of Bihar And ANR

2015-12-09Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27143 of 2014 Arising Out of PS.Case No. -73 Year- 2012 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Om Prakash, S/o Ram Nath Ram, Resident of Village Bhelma, P.S.- Kudra, District -Bhabua (Kaimur) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunita, W/o Om Prakash, D/o Lalmani Ram, At present R/o Village Kharasra, P.S. Durgawati, District Bhabua (Kaimur) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of O.P. No.2.

The petitioner and the O.P. No.2 are present along with the child in Court today.

Learned counsel for the petitioner submits that the petitioner is willing and ready to take his wife with him and shall keep her with all honour and dignity. He further submits that since the petitioner is working in Delhi as a Teacher, he has limited time and would, therefore, take her to her village home and thereafter he along with his wife and child shall proceed to Delhi, which may take two to three days as he has to join his duties by 14th of this month.

Considering the bona fide offer made by the

Patna High Court Cr.Misc. No.27143 of 2014 (16) dt.09-12-2015 2/2 petitioner and agreed upon by O.P. No.2, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Kudra P.S. Case No.73 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that O.P. No.2 shall co-operate in all manners and go with her husband so that none of them will be prejudiced in any manner. It is further made clear that the petitioner shall not indulge in any act so as to cause any mental agony to O.P. No.2 and that there shall be no recurrence of any untoward incident in future. If it so happens, it will be open to O.P. No.2 to move this Court or the court below for modification/cancellation of the present order. With the aforementioned directions, the application is disposed of.

(Anjana Mishra, J) PNM U T