Rajeev Kumar @ Rajiv Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20198 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -MASRAKH District- SARAN ====================================================== Rajeev Kumar @ Rajiv Kumar, son of Jaleshwar Pandey @ Jalauwar Pandey .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mashrakh Police Station Case No. 25 of 2017, disclosing offences under Sections 498A, 323 and 379 of the Indian Penal Code.

The petitioner is the husband of the informantOpposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. Learned Counsel for the petitioner submits that he has filed a divorce suit, being Divorce Case No. 60 of 2016, prior to the filing of the present case. There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.

It is submitted that the petitioner shall present

Patna High Court Cr.Misc. No.20198 of 2017 (4) dt.13-07-2017 2/2 himself before the Court as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Rajeev Kumar @ Rajiv Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIII, Saran, at Chapra,, in connection with Mashrakh Police Station Case No. 25 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √