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Patna High CourtCR. MISC./32085/2017bail granted

Shambhu Prasad v. State Of Bihar And ANR

2017-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32085 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Shambhu Prasad Son of Sahdeo Mahto, Resident of Village- Hajipur, P.S.- Warisaliganj, District-Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vintes Kumari, D/o Suresh Prasad, Resident of Village- Bali, P.S.- Priya, District- Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3/4 of the D.P. Act. Petitioner is husband of Opposite Party No.2. There is allegation of demand of dowry and torture for the same. In paragraph 7 the petitioner has stated on oath that he is ready to keep his wife with all care and dignity.

In view of the averment of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date

Patna High Court Cr.Misc. No.32085 of 2017 (2) dt.13-07-2017 2/2 of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/Successor Court in connection with Warisaliganj P.S. Case No.99 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned Court-below shall take step for amicable settlement of dispute. If the petitioner would be found cooperative and Opposite Party No.2 is found non-cooperative then provisional anticipatory bail of the petitioner be confirmed other wise the learned Court-below shall pass order according to law. (Birendra Kumar, J) Mkr./- U T