Satyendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47806 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Satyendra Pandey Son of Janardan Pandey resident of Mohalla- Lok Nagar Near employment Exchange P.s Jehanabad District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-07-2016 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 506 of the Indian Penal Code. The basic accusation is of torture after 35 years of marriage.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and birth of several children. The petitioner still claims to have maintaining the entire family and recently married a daughter.

The notices were issued to the informant vide order dated 09.10.2015. The office note dated 09.03.2016 reflects that the informant refused to accept the notices, hence house service was effected. In the circumstance, vide order dated 10.03.2016 the notices issued to O.P. No. 2 were treated

Patna High Court Cr.Misc. No.47806 of 2015 (5) dt.25-07-2016 2/2 to be deemed valid service.

None appeared on behalf of O.P. No. 2 on 21.04.2016 when the matter was adjourned for today. Today also none is appearing on behalf of O.P. No. 2. It is submitted by learned counsel for the petitioner that on conclusion of investigation the final report was submitted and petitioner was not sent up for trial, but differing with the final report, cognizance was taken by the learned Magistrate.

Considering the nature of accusation and the fact that the informant deliberately chose not to appear, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 33 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T