Patna High CourtCR. MISC./15910/2017bail granted

Sanjeev Kumar v. State Of Bihar And ANR

2017-07-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15910 of 2017 Arising Out of PS.Case No. -509 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Sanjeev Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilanjan Chatterjee For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kankarbagh Police Station Case No. 509 of 2016, disclosing offences under Section 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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 submits that he has filed a suit for divorce, being Matrimonial Case No. 794 of 2016 and only on receiving the notice of the said matrimonial case, the present false case has been filed.

Patna High Court Cr.Misc. No.15910 of 2017 (4) dt.13-07-2017 2/2 Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Sanjeev 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 Ms. smita Raj, learned Judicial Magistrate, 1st Class, Patna, in connection with Kankarbagh Police Station Case No. 509 of 2016, 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 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 bond shall be liable to be cancelled.

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