Sujit Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.27969 of 2014 (6) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27969 of 2014 Arising Out of PS.Case No. -225 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Sujit Kumar S/o Ram Sumiran Paswan Resident of village- Bihat, P.S.- Barauni, Distt.- Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Veena Kumari W/o Sujit Kumar, D/o Sri Ram Prit Paswan R/o villageKeuta tole Piparpati, P.S.- Dalsing Sarai, Distt.- Samastipur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s Mr. Nityanand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 19.05.2015 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for opposite party no.2.

Petitioner happens to be husband of opposite party no.2 but admittedly, one month prior to filing of the present case, petitioner filed Divorce case no. 31/2014 in the court of Principal Judge, Family court, Begusarai.

Learned counsel appearing for the petitioner submits that, as a matter of fact, opposite party no.2 and her family members took all the articles of opposite party no.2 and executed deed of Panchnama but later on, informant, in collusion with her family members, lodged this false case.

Learned counsel for the informant submits that before trial court, petitioner refused to keep the informant with him, particularly,

Patna High Court Cr.Misc. No.27969 of 2014 (6) dt.19-05-2015 in the circumstance, when informant was ready to lead her conjugal life with the petitioner but report of mediation dated 21.4.2015 of the Mediation Center, Begusarai shows otherwise and it appears to me that it was opposite party no.2 who was not inclined to lead her conjugal life with the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Dalsingsarai, Samastipur in Dalsingsarai P.S. Case no. 225/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T