Jayant @ Jayant Rai @ Jayant Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22571 of 2017 Arising Out of PS.Case No. -2449 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================

1. Jayant @ Jayant Rai @ Jayant Kumar Rai S/o Vikrama Rai @ Vikramaditya @ Vikramaditya Singh resident of Village - Kueisha Bhatwa,P.S. - Panchdevari Chatto, District - Gopalganj, at present Adas Flat No. 38, Sarve No. 217, P.S. Panchvati, Kala Nagar Mashrul Nashik - 422004.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Jyoti Rai W/o Jayant @ Jayanti Rai @ Jayant Kumar Rai and D/o Shyam Kishore Sharma resident of Village - Kueisha Bhatwa,P.S. - Panchdevari Chatto, District - Gopalganj at present residing at Gandak Project Colony, Jitwarpur, P.S. - Muffasil, District - Samastipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of C.R. Case N0. 2449 of 2015, disclosing offences under Sections 323,343,498A,420,406,387,384,120B, of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The petitioner is the husband of Opposite party No.2.

It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will

be served, if the petitioner is taken into custody. It is submitted that the petitioner shall present himself before the police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of dispute involved and the submissions advanced on behalf of the petitioner, this application is 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 Sub-Divisional Judicial Magistrate, Samastipur in C.R. Case No. 2449 of 2015, 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 bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U