Patna High CourtCR. MISC./10602/2015bail granted

Akhilesh Paswan v. State Of Bihar And ANR

2016-02-26Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.10602 of 2015 (8) dt.26-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10602 of 2015 Arising Out of PS.Case No. -819 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Akhilesh Paswan son of Bhola Paswan resident of Village : Dhuria, P.S. : Sheosagar, District : Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sima Kumari @ Silu Kumari wife of Akhilesh Paswan resident of Mohalla : Chawar Takia, P.S. : Sasaram Town, District : Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Sasaram (Town) P.S. case No. 819 of 2014, disclosing offences under Sections 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner is the husband of Opposite party No.2, the informant. Despite service of notice, Opposite party No.2 has not entered appearance to oppose this application for grant of anticipatory bail.

It is submitted on behalf of the petitioner that the petitioner is still inclined to keep the informant and give her all

Patna High Court Cr.Misc. No.10602 of 2015 (8) dt.26-02-2016 love and affection to which she, as a wife is entitled to. He submits that because of the poor background of the petitioner, the Opposite party No.2 is not willing to stay with the petitioner and has filed a criminal case, which is mainly because of matrimonial discord.

Considering the submissions as above and the nature of accusation, this application is allowed.

Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfactiond of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Town) P.S. Case No. 819 of 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) ArunKumar/- U