Satish Kumar Saxena v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21437 of 2020 Arising Out of PS. Case No.-313 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== SATISH KUMAR SAXENA Son of Shri Chhotan Prasad Yadav Resident of Village - Murgia Chak, P.S.- Warisaliganj, Distt.- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.

There is no representation on behalf of the informant.

This application for anticipatory bail arises out of Muffasil P.S. Case N0. 313 of 2019, disclosing offences punishable under Sections 341,323, 498A, 504, 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner has submitted that matrimonial discord between the petitioner and the informant is the reason behind

Patna High Court CR. MISC. No.21437 of 2020(7) dt.11-01-2021 2/3 lodging of the First Information Report after the petitioner filed an application for dissolution of marriage. He has further submitted that in any event, if the petitioner is allowed bail, there is no chance of his tampering with the evidence or fleeing from the course of investigation or trial. The petitioner was allowed provisional bail, during the pendency of this application, by an order dated 23.07.2020. There is nothing on record to show that the petitioner has ever misused the said privilege granted by order dated 23.07.2020.

Considering the above submission, 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 Chief Judicial Magistrate, Nawada in Muffasil P.S. Case No. 313 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,

Patna High Court CR. MISC. No.21437 of 2020(7) dt.11-01-2021 3/3 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) arun/- U