Rishi Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22668 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -MAHILA P.S. District- LAKHISARAI ======================================================

1. Rishi Kumar, Son of Satya Pal, residents of Flat No. 5H, Ashiyana Society, Shankarpur More, Durgapur-12, P.S. New Township West District Bardman (West Bengal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neha Kumari, Daughter of Awadh Kishore Singh, Resident of Village/Mohalla Karyanand Nagar, Ward No. 8, P.O. & P.S.- Lakhisarai, District- Lakhisarai.

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

For the Petitionr/s : Mr. Kumar Chandra Shekhar For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Lakhisarai (Mahila) P.S. Case N0. 25 of 2016, disclosing offences under Sections 498A,504/34, of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The petitioner is the husband of Opposite party No.2.

It is evident from the materials on record that matrimonial discord between them is the root cause for registration of the First Information Report. No purpose will be served, if the petitioner is taken into custody. It is submitted that the petitioner shall present

himself before the police as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of dispute involved and the submissions 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 bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,Lakhisarai in Laqkhisari (Mahila) P. S. Case No. 25 of 2016, subject to the conditions 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) ArunKumar/- U