Patna High CourtCR. MISC./45058/2013bail granted

Nagendra Vidyarthi v. The State Of Bihar

2015-01-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45058 of 2013 ====================================================== Nagendra Vidyarthi S/O Late Keshwar Prasad Wrongly Written As Keshwar Paswan In The Complaint Case Resident Of Mohalla- Dujra Gandhi Murti, P.O.- Gpo, Patna P.S. Buddha Colony, District- Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sonali Kumari @ Moni Wife of Nagendra Vidyarthi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anshuman For the Opposite Party/s : Mr. A.H.M.Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite service of notice on Opposite Party No. 2, there is no representation on her behalf.

The petitioner is the husband and seeks anticipatory bail in a case registered for the offence punishable under Sections 498-A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. While issuing notice to Opposite Party No. 2, the petitioner's wife who is the complainant in the case, vide order dated 11.11.2013, the petitioner was directed to be released on provisional bail in connection with the said Complainant Case No. 184(c)/2013, if he surrendered before the Court of learned SubDivisional Judicial Magistrate, Patna in compliance of the order

Patna High Court Cr.Misc. No.45058 of 2013 (4) dt.20-01-2015 P2/2 dated 11.11.2013 and is on provisional bail. Learned petitioner's counsel has further submitted that the matrimonial dispute between the petitioner and opposite party No. 2, is the reason behind institution of the Complaint Case.

Be that as it may, keeping in view the nature of allegation and the fact that the opposite party has chosen not to appear in the present case despite service of notice, the provisional bail granted to the petitioner vide order dated 11.11.2013 is made absolute. This application is allowed accordingly.

(Chakradhari Sharan Singh, J.) Saif/- U