Anand Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28429 of 2022 Arising Out of PS. Case No.-92 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Anand Babu Son Of Ganga Ram Rout @ Ganga Ram Prasad R/O VillageRakhabari, Barai Tole, P.S.- Rudrapur, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chitralekha @ Chitralekha Kumari @ Chitralekha Devi D/O Ram Kumar Prasad R/O Village- Rakhabari, Barai Tole, P.S.- Rudrapur, DistrictMadhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with C.R. Case No. 92 of 2019, corresponding to T.R. No. 464 of 2019 registered for the offences punishable under Section 498(A) of the Indian Penal Code read with Sections 3⁄4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that by order dated 18.10.2022, notices were issued and in compliance of the order dated 18.10.2022, the notices were filed in time for being served upon the O.P. No.2. It is next submitted that the notice was received by the father of O.P. No.2, for which a
Patna High Court CR. MISC. No.28429 of 2022(5) dt.03-08-2023 2/3 jointness application has been filed stating therein that the O.P. No.2 is residing with her father.
4. In view of the submissions made by the learned counsel for the petitioner, the notice is treated to be validly served.
5. It is next submitted by the learned counsel for the petitioner that petitioner being husband has been falsely implicated in the present case, it is next submitted that petitioner is always willing to revive his conjugal relationship and to keep the complainant with honor and dignity but for reasons best known, the complainant is not willing to accompany him, it is next submitted that despite receiving the notice, the complainant chooses not to contest the case.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.28429 of 2022(5) dt.03-08-2023 3/3 case is pending/successor court in connection with C.R. Case No. 92 of 2019, corresponding to T.R. No. 464 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T