Surendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16786 of 2022 Arising Out of PS. Case No.-691 Year-2005 Thana- COMPLAINT CASE District- Jamui ====================================================== SURENDRA THAKUR SON OF GOBARDHAN THAKUR RESIDENT OF VILLAGE- KAKORIYA, P.S. CHANDRAMANDIH, DISTRICT- JAMUI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANITA DEVI WIFE OF SURENDRA THAKUR DAUGHTER RAMCHANDRA THAKUR RESIDENT OF VILLAGE- KAKORIA, P.S. CHANDRAMANDIH, DISTRICT- JAMUI, AT PRESENT VILLAGE GADI, DIDHI, P.S. DEORI, DISTRICT- GIRIDIH.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Chandrabhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that in compliance of Order Dated 22.09.2022, notices were filed, it is next submitted that the notice has been received by the OP No. 2 personally as would be evident from the Service Report, it is

Patna High Court CR. MISC. No.16786 of 2022(3) dt.01-12-2022 2/3 further submitted that despite receiving notice the informant chosen not to appear or contest the present anticipatory bail application, it is next submitted that the reason for the same is that the informant has already performed her second marriage. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamui Complaint Case No. 691C of 2005 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, in the event, if any application is filed by the informant before the learned trial Court bringing to its notice that she has not performed her second marriage and the anticipatory bail was obtained by the petitioner by misleading the Court, the learned trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law

Patna High Court CR. MISC. No.16786 of 2022(3) dt.01-12-2022 3/3 and shall also have the liberty to cancel his bail bonds and to take all coercive steps to ensure that he is behind bars. (Satyavrat Verma, J) GauravSinha/- U T