Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23798 of 2019 Arising Out of PS. Case No.-2711 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== AMAR KUMAR Son of Late Kapildeo Rai, Resident of Godargama, Police Station-Matihani, District-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dolly Kumar Wife of Amar Kumar, Daughter of Pramod Kumar, Resident of Jendra, P.S.-Barauni, District-Begusarai.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh Mr. Sandip Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 2711 of 2015, disclosing the offence under Section498-A of the Indian Penal Code.

Petitioner is the husband of opposite party no. 2. So as to explore possibility of resolution of dispute through amicable settlement, the dispute between the petitioner and opposite party no. 2 was referred to Patna High Court Mediation Center. The mediation has, however, failed in terms of the report of the learned Mediator, which is at Flag-C.

Learned counsel appearing on behalf of the petitioner has submitted that it is mainly the matrimonial dispute between the petitioner and opposite party no. 2 that has led to lodging of

Patna High Court CR. MISC. No.23798 of 2019(5) dt.27-09-2019 2/2 the complaint case. He has further submitted that since there is no chance of the petitioner absconding from the course of justice, petitioner's case for grant of anticipatory bail may be considered accordingly.

Considering the facts and circumstances and submissions so advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai in Complaint Case No. 2711C of 2015, subject to the condition as 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 Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T