Mukesh Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 45385 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Mukesh Pandey son of Rajeshwar Pandey resident of Power House Road, Raj Nagar Road No.3, Chutiya, P.S. Chutiya, District- Ranchi, Jharkhand. .... .... Petitioner/s
Versus
1. State of Bihar
2. Kumari Bandana Rani W/o Mukesh Pandey resident of Power House Raod, Raj Nagar Road No.3, Chutiya, P.S. Chutiya, District- Ranchi, Jharkhand. At present Address D/o Upendra Nath Pandey, Resident of Village- Nirala, P.S. Salimpur, District- Patna (Bihar). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.
26-07-2017 Heard Sri Arvind Kumar, learned counsel for the petitioner. None appeared either on behalf of State or complainant/opposite party no.
2, whereas, the complainant/opposite party no. 2 has already entered appearance through her counsel. In the last week also, there was nonappearance on behalf of opposite party no. 2. The petitioner, husband of opposite party no. 2, has prayed for grant of bail in the event of his arrest or surrender in Complaint Case No. 13(C) of 2015 for offence under Sections 498(A), 120(B)/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961.
Patna High Court Cr.Misc. No.45385 of 2015 (5) dt.26-07-2017 2/3 It was submitted by learned counsel for the petitioner that earlier petitioner, due to the reason that wife/opposite party no. 2 had left him, had filed a case for restitution of conjugal right, vide M.T.S. No. 191 of 2012 in the court of Principal Judge, Family Court, Ranchi and thereafter, one another matrimonial case was filed, vide M.T.S. No. 86 of 2015 for dissolution of marriage. He submits that intentionally, the petitioner is being harassed by the opposite party no. 2.
By order dated 28-09-2015, a Bench of this Court (Hon'ble Mr. Justice Dinesh Kumar Singh) had noticed this fact and thereafter, directed to issue notice to opposite party no. 2. In the meanwhile, it was directed not to take any coercive step against the petitioner in connection with Complaint Case No. 13(C) of 2015. However, subsequently on 30-11-2016, the present petition stood dismissed due to non-prosecution, which was subsequently restored.
In this case, complainant had already appeared through her Advocate, but repeatedly, on call, none appeared on her behalf.
Considering the fact that from the petitioner's side, earlier step was taken for restitution of conjugal right as well as the fact that the said case was filed prior to filing of the present
Patna High Court Cr.Misc. No.45385 of 2015 (5) dt.26-07-2017 3/3 complaint case, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Mukesh Pandey be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Barh, Patna in connection with Complaint Case No. 13(C) of 2015, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.) Anay U T