Patna High CourtCR. MISC./31444/2017bail granted

Ghanshyam Iswar @ Ghanshyam Isher v. The State Of Bihar

2017-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31444 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. GHANSHYAM ISWAR @ GHANSHYAM ISHER Son of Late Damodar Iswar, Resident of Village- Sadipur Ghat, P.S. Khanpur, DistrictSamastipur .... Petitioner

Versus

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

For the Petitioner : Mr. Nilesh Kumar, Adv. For the State : Mr. Shyam Kumar Singh, APP 138 For the informant : Mr. Bijay Bhushan Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 498A, 364A and 365 of the Indian Penal Code.

The petitioner is brother of husband of Khushbu Kumari. There is general and omni bus allegation against the petitioner and other in-laws for demand of dowry and torture for the same, including physical assault.

Submission of the learned counsel for the petitioner is that the petitioner is ready to fully cooperate with the investigation/trial of the case. The petitioner is not going to tamper with the evidence. The victim might have left the company of her husband for some matrimonial dispute. On the other hand, the learned counsel for the informant opposed the prayer on the ground that the victim is still traceless.

Considering the fact that only suspicion is there against the petitioner as well as considering the fact that the

Patna High Court Cr.Misc. No.31444 of 2017 (2) dt.13-07-2017 2/2 alleged occurrence took place after about eight years of marriage, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Khanpur P.S. Case No. 33 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, III, Samastipur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √