Patna High CourtCR. MISC./26164/2015bail granted

Deepak Kumar v. State Of Bihar And ANR

2015-07-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.26164 of 2015 (2) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26164 of 2015 Arising Out of PS.Case No. -796 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Deepak Kumar Son of Sri Lal Babu Rai resident of Chhatna, P.S. Parsa Bazar, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Kaushaliya Devi @ Sukhali Devi W/o Deepak Kumar, D/o Sri Rajbalav Rai R/o vill. - Ashopur, P.S. Danapur, ( Patna ) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surinder Kumar For the Opposite Party/s Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be husband of the complainant and apprehends his arrest in connection with Complaint case no. 796C/2013.

The contention on behalf of the petitioner is that after filing of the present complaint case, complainant lodged Parsa Bazar P.S. case no. 121/2014 under section 498A of the Indian Penal Code and in the aforesaid Parsa Bazar P.S. case no. 121/2014, petitioner has been admitted to anticipatory bail provisionally for the period of one year by a coordinate bench of this court vide order dated 10.07.2015 passed in Cr. Misc. No.25121/2015 subject to some conditions. It is further contended by him that impugned order of the learned Sessions Judge reveals that complainant is not interested to lead her conjugal life with

Patna High Court Cr.Misc. No.26164 of 2015 (2) dt.16-07-2015 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 Chief Judicial Magistrate, Danapur in Complaint case no. 796C/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T