Mukesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30250 of 2021 Arising Out of PS. Case No.-408 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Mukesh Kumar Sah S/o Baidyanath Sah R/o village - Tadhwanandpur, P.S. - Bairiya, Distt. - West Champaran. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Madhu Devi, aged about 25 years, Female, W/O Mukesh Kumar Sah , D/O Shambhoo Sah R/o village - Tadhwanandpur, P.S. - Bairiya, Distt. - West Champaran. At Present R/O Village - Kumarbagh, P.S. - Chanpatiya, Distt. - West Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner apprehends his arrest in connection with Bairiya P.S. Case No. 408 of 2019 registered for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.

The petitioner in paragraph-13 of the anticipatory bail petition has submitted as follows:- " That, it is humbly submitted that, the opposite party no. 2 always used to go and come to the places of her own choice and on

Patna High Court CR. MISC. No.30250 of 2021(4) dt.09-03-2022 2/2 questions being asked relating to her such dismal causing behaviour she becomes furious and in that background she has lodged this present case just to create pressure but now she has again come to her matrimonial house and residing at petitioner's house only."

Considering the above paragraph-13, the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 408 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. The Court below will release the petitioner on provisional anticipatory bail. After verifying the facts stated in paragraph-13 from the informant and if the informant does not cooperate then a report be called from the local police/authorities and thereafter will take a final decision whether confirm the bail of the petitioner or cancel the bail bond of the petitioner.

(Sandeep Kumar, J) Ibrar//- U T