Sanjit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3235 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================
1. Sanjit Kumar, Son of Shri Ram Pukar Singh, Resident of village - Rasalpur, P.S. - Mofassil, District - Gaya (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shabnam Singh, wife of Sanjit Kumar, at present Resident of village - Sant Vinoba Nagar, Merawal Sindur, P.S. - Sadar, District - Hazaribagh. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 It appears that in spite of notice validly served upon informant-opposite party no. 2, she has not appeared before this Court, however, learned counsel for the petitioner and learned Counsel for the State are present.
Petitioner is apprehending his arrest in connection with Mofassil P.S. Case No. 162 of 2016, registered for offences punishable under Sections 341, 323, 498A of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner is working in Indian Army and is posted in Nagaland and due to which, he is unable to keep the informant with himself, however, he is willing to keep the informant in her matrimonial
Patna High Court Cr.Misc. No.3235 of 2017 (3) dt.03-04-2017 2/3 house with full honour and dignity.
Heard learned A.P.P. also.
Having heard both sides, it appears that the same stand has been taken by the petitioner in the court below also that he is willing to keep the informant but it appears that she has filed a maintenance case in the court of Principal Judge, Family Court, Hazaribagh vide Maintenance Case No. 43/16, in which the petitioner is ready to participate and is willing to abide by the order passed by the above stated, Family Court, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya, in connection with Mofassil P.S. Case No. 162 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.3235 of 2017 (3) dt.03-04-2017 3/3 maintenance case filed by opposite party no.
2 no. and make himself available as and when required, otherwise, prosecution will be free to move for cancellation of bail bonds of the petitioner.
(Vinod Kumar Sinha, J) sunil/- U T