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Patna High CourtCR. MISC./49558/2016bail granted

Ram Babu Kumar v. State Of Bihar And ANR

2017-07-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49558 of 2016 Arising Out of PS.Case No. -150 Year- 2013 Thana -NARDIGANJ District- NAWADA ======================================================

1. Ram Babu Kumar Son of late Indal Sah Resident of Village- Bahuyarwa, P.S. Bela, District Sitamarhi Presently Posted as (The then) Senior Dy. Collector, Banka Collectriot, District Banka, Bihar .... Petitioner

Versus

1. The State of Bihar

2. Seema Kumari wife of Ram Babu Kumar and Daughter of Vijay Kumar Resident of Village- Nardiganj, P.S. Nardiganj, District Nawada .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shailendra Kumar Singh, Adv. For the State : Mr. S. Ehteshamuddin, APP 56 For O.P. No. 2 : Mr. Madheshwar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2017 Petitioner is husband of the informant-opposite party no. 2. The petitioner has given his signature at the bottom of the right column of order sheet putting date 19.07.2017. In spite of notice and different adjournments, the wife-opposite party no. 2 did not appear.

Submission of the learned counsel for the petitioner is that in reply to the counter affidavit, the petitioner has categorically stated in paragraphs 2 and 15 that he is always ready for restoration of conjugal life. More over the petitioner has already filed Matrimonial Case No. 1161 of 2013 in the Court of the learned Principal Judge, Family Court, Munger, under Section 9 of the Hindu Marriage Act and order, dated 03.02.2014, passed in the aforesaid matrimonial case would reveal that opposite party no. 2 is not cooperative in reconciliation of the matter since last two dates.

The learned counsel for opposite party no. 2 opposed the prayer for bail.

Patna High Court Cr.Misc. No.49558 of 2016 (8) dt.19-07-2017 2/2 Considering the entire facts and circumstances, aforesaid, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Nardiganj P.S. Case No. 150 of 2013 to the satisfaction of the Subdivisional Judicial Magistrate, Nawadah, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √