Patna High CourtCR. MISC./22095/2019bail granted

Deepak Yadav v. The State Of Bihar

2019-04-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22095 of 2019 Arising Out of PS. Case No.-665 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== DEEPAK YADAV S/o Late Shaligram Yadav R/o village- Laxma, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surj Bansh Roy For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kahalgaon P.S. Case No. 665 of 2018, disclosing offences under Sections 498-A and 323 of the Indian Penal Code. Learned counsel, appearing on behalf of the petitioner, appears to be correct in his submission that the case of the prosecution, as narrated in the FIR, does not make out an allegation that the petitioner is the husband of the informant. I am also, prima facie, satisfied that based on the allegation made in the FIR, no offence under Section 498-A of the IPC is made out.

In view of aforesaid, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender

Patna High Court CR. MISC. No.22095 of 2019(2) dt.08-04-2019 2/2 within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., Bhagalpur, in Kahalgaon P.S. Case No. 665 of 2018, subject to the condition 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T