Sujeet Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.9317 of 2017 (3) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9317 of 2017 Arising Out of PS.Case No. -124 Year- 2015 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Sujeet Kumar, Son of Ravindra Singh @ Malbabu, Resident of VillageMor, P.S.- Mokama, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Devi @ Priyanka Kumari, wife of Sujeet Kumar, Resident of Village- Mor, P.S.- Mokama, District- Patna, at present resident of VillageMomindpur, P.S.- Hilsa, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 124(C) of 2015 instituted for the offence under Section498(A) of the Indian Penal Code and u/S 4 of D.P. Act. The notice has been validly served on opposite party No. 2 but none appeared on her behalf.

Petitioner is husband of the complainant. There is mention in the impugned order that the complainant has filed Matrimonial (Divorce) Case 326 of 2015 against the petitioner which is pending before the Principal Judge, Family Court, Nalanda at Bihar Sharif.

Patna High Court Cr.Misc. No.9317 of 2017 (3) dt.18-04-2017 In such circumstance, prayer for anticipatory bail of petitioner is allowed. It is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 124(C) of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T