Sunil Kumar @ Guddu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30117 of 2014 Arising Out of PS.Case No. -842 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Sunil Kumar @ Guddu Kumar S/O Bhola Raut, resident of villageManichak, P.S- Runi Saidpur, District- Sitamarhi .... .... Petitioner/s
Versus
1. The State of Bihar
2. Meenakshi Kumari @ Kumari Renu W/O Sunil Kumar @ Guddu Kumar, daughter of Ghanshyam Rai, at present resident of village - Mangurhia, P.O- Hardi, P.S- Paru, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. M.K.Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.
Despite valid service of notice neither opposite party no.2 nor her counsel has chosen to appear.
The present application under section 438 of the Code of Criminal Procedure has been filed seeking anticipatory bail in connection with Complaint Case No.842 of 2012 in which cognizance has been taken under section 498A of the Indian Penal Code.
It is contended that the allegations made in the complaint are patently false. The present complaint has been
Patna High Court Cr.Misc. No.30117 of 2014 (8) dt.19-08-2015 2/2 instituted due to matrimonial discord and incompatibility. Learned counsel for the State has opposed the prayer for bail.
Regard being had to the nature of allegation, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, the above named petitioner shall 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 Smt. Kalpana Srivastav, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No.842 of 2012, Trial No.3878 of 2013 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T