Patna High CourtCR. MISC./22656/2017bail granted

Dhananjay Rai v. State Of Bihar And ANR

2017-07-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22656 of 2017 Arising Out of PS.Case No. -315 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dhananjay Rai son of Akhilesh Rai resident of Gangapur Athmalgola (Koriya) P.S. - Athmalgola, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gudiya Devi wife of Dhananjay Rai P.S. Gangaur Athmal Gola (Koriya) P.S. Athmalgola, District Patna at present resident of Gopal Tola P.S. Khurupur District Patna.

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Ram Bilash Roy Raman For the complainant : Mr. Rai Ramesh Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 315(C) of 2016, disclosing offences under Section 498A of the Indian Penal Code. 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 has

Patna High Court Cr.Misc. No.22656 of 2017 (3) dt.14-07-2017 2/2 submitted that he is willing to keep the Opposite Party No. 2 with full love and dignity, but the complainant-Opposite Party No. 2 herself is not willing to live with the petitioner in her matrimonial house.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Dhananjay Rai, 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 learned Sub Divisional Judicial Magistrate, Barh, in connection with Complaint Case No. 315(C) 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 Court, 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 √