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Patna High CourtCR. MISC./38390/2021disposed

Sandeep Prasad Gupta @ Sandeep Sah @ Mithunu Kumar Sah @ Mithun Kumar Sah v. The State Of Bihar

2021-12-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38390 of 2021 Arising Out of PS. Case No.-1239 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Sandeep Prasad Gupta @ Sandeep Sah @ Mithunu Kumar Sah @ Mithun Kumar Sah Son Of Late Bechu Prasad Gupta Resident Of Village - Odar, P.S. - Sonhan, District - Kaimur At Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Devi Wife of Sandeep Prasad Gupta @ Sandeep Sah @ Mithunu Kumar Sah @ Mithun Kumar Sah Resident of Village - Odar, P.S. - Sonhan, District - Kaimur at Bhabua. At present address D/o Gulab Sah, Resident of Village Sankuldhara Pokhara Khojawa Police Chouki, House No. B-22/166, P.S. - Bhelupur, District - Varanasi (U.P.) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

Considering the background and nature of allegation of commission of offence under Section 498A of the Indian Penal Code, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on

Patna High Court CR. MISC. No.38390 of 2021(2) dt.07-12-2021 2/2 provisional anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No.1239 of 2019, subject to the condition as laid down under Section 438

(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall attend the Court on each and every date till confirmation of provisional bail. (d) The Court-below shall notice both the parties for amicable settlement and if the petitioner would be found cooperative; the Court-below shall confirm the provisional bail.

Accordingly, this application stands disposed of. (Birendra Kumar, J) Mkr./- U T