Patna High CourtCR. MISC./25690/2017bail granted

Pawan Kumar v. State Of Bihar And ANR

2017-07-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25690 of 2017 Arising Out of PS.Case No. -2387 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Pawan Kumar Son of Ajay Kumar resident of Mohalla Rajiv Nagar Road No. 6, P.S. Rajiv Nagar District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guriya Kumari Wife of Pawan Kumar, daughter of Mahadeo Sao r/o Mohalla Digha Polshan, P.S. Digha District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 2387 (C) of 2015, disclosing offences under Section 498A of the Indian Penal Code.

The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. Learned Counsel for the petitioner disputes the allegation that Opposite Party No. 2 is his wife. It has also been stated that Opposite Party No. 2 has filed another

Patna High Court Cr.Misc. No.25690 of 2017 (2) dt.14-07-2017 2/2 case, being Rajeev Nagar Police Station Case No. 238 of 2016, making similar allegation.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Pawan Kumar, in the event of his arrest or surrender before the Court below within six weeks, 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. Sarika Vahalia, learned Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 2387 (C) of 2015, subject to the condition 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 Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √