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Patna High CourtCR. MISC./31055/2017bail granted

Mukesh Kumar v. State Of Bihar And ANR

2017-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31055 of 2017 Arising Out of PS.Case No. -644 Year- 2015 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ======================================================

1. Mukesh Kumar, Son of Late Purushottam Prasad, resident of Sabzi Bazar, P.O.- Kusrupur, P.S.- Kusrupur, District- Patna .... Petitioner

Versus

1. The State of Bihar.

2. Nisha Kumari, Wife of Mukesh Kumar, Daughter of Devnarayan Tanti, Resident of Vill. Sabzi Bazar, Kusrupur, P.O. and P.S.- Khusrupur, DistrictPatna, At present residing at Mohallah- Nayagaon Sikandarpur, Jamalpur, P.S.- East Colony, Distt.- Munger .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Digvijay Narayan Singh, Adv. For the Opposite Parties : Mr. Pawan Kumar Chaurasiya, APP 117 ====================================================== 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 323, 406, 498A, 307, 504 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The petitioner is husband of opposite party no. 2. There is allegation of demand of dowry and torture for the same. In paragraph 23 of the petition it has been stated that the petitioner is ready for amicable settlement of dispute and restoration of conjugal life.

In the circumstances, 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 provisional anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in

Patna High Court Cr.Misc. No.31055 of 2017 (2) dt.13-07-2017 2/2 connection with Complaint Case No. 644(C) of 2015 to the satisfaction of Mrs. A. Kumari, Judicial Magistrate, 1st Class, Munger, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code and, further, with the condition that the Court below shall notice the parties and take necessary steps for amicable settlement. If the petitioner would be found cooperative in the settlement of dispute and willing for restoration of conjugal life, then, the provisional anticipatory bail shall be confirmed by the Court below, itself, otherwise necessary order would be passed according to law. (Birendra Kumar, J) SA/- U √ T √