Amit Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6226 of 2015 Arising Out of PS.Case No. -179 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================
1. Amit Mishra Son of Lallu Mishra Resident of village - Ramgadh, P.S. Bhagwanpur, District - Kaimur ( Bhabhua ) .... .... Petitioner/s
Versus
1. The State of Bihar
2. Usha Kumari D/o Surynarayan Pathak Resident of village - Raipur Chor, P.S. Shivsager ( Bori ), District - Rohtas ( Sasaram ) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner. No one appeared either on behalf of the State or on behalf of opposite party No.2, who was issued notice.
The petitioner is husband of the complainant and apprehending his arrest in connection with complaint case No. 179 of 2014 under section 498A of the IPC and Section 4 of the Dowry Prohibition Act.
It is stated that earlier to filing of the complaint case a petition under section 9 of the Hindu Marriage Act was filed by the petitioner whereafter the complaint case was lodged by the complainant. Petitioner is always ready and willing to live with his wife and to give her due respect and if given privilege of anticipatory bail, he will try to resolve the matrimonial discord and
Patna High Court Cr.Misc. No.6226 of 2015 (5) dt.01-07-2015 2/2 live happily with wife. He is also legally bound to maintain her wife.
Considering the aforesaid submission, the prayer for anticipatory bail is allowed on following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) Along with bail bonds the petitioner will furnish a demand draft/ bank instrument in the sum of Rs. 4,000/- (four thousand) favouring the complainant and/or receipt showing the deposit of the aforesaid amount with the Nazarat of the Court which the complainant shall be entitled to withdraw. Let the petitioner, above named, in the event of his arrest/surrender before the court below within a period of four weeks from today be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sasaram, Rohtas in connection with complaint case No. 179 of 2014, subject to condition laid down under section 438(2) of the Code of Criminal Procedure.
(Kishore Kumar Mandal, J) BKS/- U T