Shyam Kishore Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21077 of 2015 Arising Out of PS.Case No. -289 Year- 2014 Thana -JAKKANPUR District- PATNA ====================================================== Shyam Kishore Verma son of Kedar Nath Verma Resident of village - Raipura, P.S. Vaishali, District - Vaishali at Hajipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shilip Kumari daughter of Pandey Rama Shankar Prasad Presently residing at Mohalla - Chitragupta Path, New Jakkanpur, P.O. - G.P.O. , P.S. - Jakkanpur, District - Patna.

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

For the Petitioner/s : Mr. S.B.K.Manglam, Adv. For the Opposite Party/s : Mr. Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Jakkanpur P.S.Case No. 289/2014, disclosing offences under sections 498A, 406 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of O.P.No.2.

Learned counsel for the petitioner submits that the marriage between the petitioner and O.P.No.2 was not an arranged marriage. He submits that the petitioner and O.P.No.2 could not maintain a cordial marital relationship, which is the reason for

Patna High Court Cr.Misc. No.21077 of 2015 (7) dt.08-02-2016 institution of the First Information Report.

From the records, it transpires that the notices were issued to O.P.No.2 but she has chosen not to enter appearance to oppose the prayer for anticipatory bail.

In the facts and circumstances of the case and the nature of allegation, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Sri Praveen Kumar Singh, Judicial Magistrate, 1st Class, Patna in Jakkanpur P.S.Case No. 289/2014, 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 petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U