Patna High CourtCR. MISC./54965/2016bail granted

Mantosh Kumar Sah v. State Of Bihar And ANR

2017-03-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54965 of 2016 Arising Out of PS.Case No. -110 Year- 2015 Thana -KHAIRA District- SARAN ====================================================== Mantosh Kumar Sah, S/o Shiv Prasad Sah, R/o Village Shrinagar, P.S. Khaira, Distt.- Saran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Punam Devi W/o Mantosh Kumar Sah. D/o Badri Sah. At present R/o Village Lalpur, P.S. Marhawra, District- Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Khaira P.S. Case No. 110 of 2015 registered for the offences punishable under Sections 323, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that behavior of opposite party No.2 is not good and, as such, he has filed a divorce petition in the Family Court, Saran after the lodging of the present case by the informant under Section 498A and other sections of the IPC, including 3/4 of Dowry Prohibition Act against the petitioner.

Heard learned APP also.

Patna High Court Cr.Misc. No.54965 of 2016 (4) dt.27-03-2017 2/2 Having heard both sides and in view of the fact that petitioner has filed a divorce petition, let the petitioner, named above, in the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Khaira P.S. Case No.

110 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence.