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Patna High CourtCR. MISC./30351/2023bail granted

Chandan Kumar v. The State Of Bihar

2023-05-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30351 of 2023 Arising Out of PS. Case No.-136 Year-2016 Thana- MAHILA P.S. District- Nalanda ====================================================== CHANDAN KUMAR SON OF PRAMOD SINGH R/O VILLAGE NEEMSELA PAR NAWADA, P.S. BUNDELKHAND, DISTRICTNAWADA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GUDIYA DEVI DAUGHTER OF DAYANAND PRASAD R/O VILLAGESAKRAWAN, P.S. ASTHAWAN, DISTRICT NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 136 of 2016 registered under Sections 323, 498 (A), 504, 308, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Earlier the petitioner had moved for grant of anticipatory bail before this Court vide Cr. Misc. No. 12006 of 2017 (Annexure-1) which was allowed in the light of the report of the mediation centre. Thereafter, cancellation of bail was filed by the opposite party no. 2 vide Cr. Misc. No. 64934 of 2021 (Annexure-3) on the ground that the petitioner did not pay the agreed amount which has been settled

Patna High Court CR. MISC. No.30351 of 2023(3) dt.19-05-2023 2/2 at the time of mediation between the parties. Accordingly, the prayer for cancellation of bail was allowed and the bail bonds of the petitioner were cancelled vide order dated 22.03.2023. Learned counsel appearing on behalf of the petitioner submits that the fresh ground for bail of the petitioner is that the petitioner has already paid the entire due amount to the opposite party no. 2/wife through bank account, as contained in Annexure-4 to the bail application.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Sub-Divisional Judicial Magistrate, Nalanda in connection with Mahila P.S. Case No. 136 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) utkarsh/- U T