Satyendra Giri @ Satendra Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21567 of 2020 Arising Out of PS. Case No.-65 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== SATYENDRA GIRI @ SATENDRA GIRI S/o Abhimanyu Giri Resident of Village-Murarpur, P.S.-Harsidhi, District-East Champaran at Motihari. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Nisha Kumari W/o Satyendra Giri, D/o Shri Umesh Giri Residence of Village-Bhukrahiya, P.S.-Patahi, District-East Champaran at Motihari. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Binay Kumar For the Opposite Party State:

Mr. Surendra Prasad Singh, APP For the Opposite Party No.2 :

Mr. Madhurendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mahila P.S. Case No. 65 of 2019, registered for the offence punishable under Sections 341, 323, 504, 406, 498(A)/34 of the Indian Penal Code and Section 3/4 of the D.P. Act. The petitioner is the husband of the informant, who were married in 2019. There is allegation in the First Information Report of demand of dowry and physical and mental torture meted out to the informant by her in-laws for non-fulfillment of demand of dowry.

Learned counsel appearing on behalf of the petitioner has argued that the matrimonial dispute between the

Patna High Court CR. MISC. No.21567 of 2020(5) dt.09-03-2021 2/3 petitioner and the informant has led to registration of the present false case. He has, however, submitted that he is ready to live with the informant and keep her with respect and dignity. Learned counsel representing the informant has, however, submitted that because of the nature of treatment given by the petitioner and the in-laws, she is not willing to stay with the petitioner.

Be that as it may, considering the nature of dispute between the parties, in my opinion, no purpose will be served by refusing the petitioner's prayer for grant of anticipatory bail. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Motihari, in Mahila P.S. Case No. 65 of 2019, subject to the conditions as 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

Patna High Court CR. MISC. No.21567 of 2020(5) dt.09-03-2021 3/3 bonds shall be liable to be cancelled.

It goes without saying that the parties shall be at liberty to approach appropriate forum for one time settlement. (Chakradhari Sharan Singh, J) Pawan/- U T