Patna High CourtCR. MISC./17706/2017bail granted

Rahul Kumar v. State Of Bihar And ANR

2017-07-13Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17706 of 2017 Arising Out of PS.Case No. -973 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Rahul Kumar, son of Ram Chandra Ram, resident of Village- Rampur, Kalyanpur Gotgawa, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Archana Devi, wife of Rahul Kumar, Daughter of Keshao Prasad Singh, resident of Village- Rampur, Kalyanpur, Godgawa, P.S.- Matihani, DistrictBegusarai. Presently residing at Adalpur, P.S.- Sanokher (Amdanda) District- Bhagalpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 973 of 2015, disclosing offences under Section 341, 323 and 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

Patna High Court Cr.Misc. No.17706 of 2017 (3) dt.13-07-2017 2/3 Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity.

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 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, Rahul 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 Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Complaint Case No. 973 of 2015, 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 Court, as and when required and in the event of failure on his part to

Patna High Court Cr.Misc. No.17706 of 2017 (3) dt.13-07-2017 3/3 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 √