Krishna Kant Verma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11684 of 2017 Arising Out of PS.Case No. -358 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ======================================================
1. Krishna Kant Verma, Son of Tulsi Seth, Resident of Mohalla-Hanuman Garhi Sasaram, P.S.-Sasaram (Town), District-Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Khushboo Kumari @ Khushboo Devi @ Khushboo Verma W/o Krishna Kant Verma, Resident of Mohalla-Nawada, P.S.-Nawada, District-Bhojpur (Ara).
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2017 The husband and the wife are present in court with their respective counsels. The father of the informant (wife) is also present.
The husband has stated that he is ready to keep his wife along with child with him with full honour and dignity. He also submitted that he had gone to Sasural to bring his wife but he was not even allowed to meet with the child. The father of the informant is present in court. The girl and father of the girl both stated that they have no faith on the petitioner and, therefore, the girl does not want to go with the petitioner. It is an admitted position that the petitioner has also filed a petition U/s 9 of Hindu Marriage Act and in that case also,
Patna High Court Cr.Misc. No.11684 of 2017 (4) dt.11-05-2017 2/3 the girl has not appeared as submitted by the counsel for the opposite party No. 2.
In such circumstances, keeping in view that wife is not ready to go with the husband although the husband shows his willingness and is ready to assure that he will abide with any terms and conditions given by the court, the prayer for anticipatory bail is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ara Nawada P.S. Case No. 358 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation
Patna High Court Cr.Misc. No.11684 of 2017 (4) dt.11-05-2017 3/3 of bail of the petitioner. .
It has been submitted by learned counsel for opposite party No. 2 (wife) that she is interested in one time settlement and so, the wife may file necessary petition in the court below which will be disposed off in accordance with law.
(Sanjay Priya, J) A.K.V./- U T