Patna High CourtCR. MISC./53412/2016bail granted

Ashok Kumar v. State Of Bihar And ANR

2017-08-10Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52475 of 2016 Arising Out of PS.Case No. -589 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Geeta Gupta, wife of Nagendra Prasad Gupta, resident of village-Riga Mill Chowk, Police Station-Rita, District-Sitamarhi, Bihar .... .... Petitioner/s

Versus

1. State of Bihar

2. Sonam Kumari wife of Ashok Kumar, Resident of Village-Riga Mill Chowk, Police Station-Rita, District-Sitamarhi Daughter of Subhash Prasad, resident of village-Chakhani, Police Station Bagaha,a DistrictWest Champaran .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.53412 of 2016 Arising Out of PS.Case No. -589 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Ashok Kumar Son of Nagendra Prasad Resident of Village-Riga Mill Chowk, Police Station-Rita, District-Sitamarhi, (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sonam Kumari Wife of Ashok Kumar Resident of Village-Riga Mill Chowk, Police Station-Rita, District-Sitamarhi, daughter of Subhash Prasad, Resident of Village-Chakhani, Police Station-Bagaha, District-West Champaran .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.52475 of 2016) For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sri Ramchandra Singh (In Cr.Misc. No.53412 of 2016) For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned counsel for the parties.

These applications for anticipatory bail arise out of

Complaint Case N0. C-1/589 of 2016, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioners are the husband and mother-in-law of the complainant.

Learned counsel for the petitioners submits that the petitioners are ready to keep the complainant with full honour, love and dignity.

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 petitioners are taken into custody. It is submitted that the petitioners shall present himself before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, these applications are allowed.

Let the petitioners above named in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Sub-

Divisional Judicial Magistrate, Sitamarhi in Complaint Case No.C-1/589 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 petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U