Patna High CourtCR. MISC./53899/2016allowed

G. M. Kumar v. State Of Bihar And ANR

2017-06-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.53899 of 2016 (5) dt.21-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53899 of 2016 Arising Out of PS.Case No. -268 Year- 2016 Thana -SONEPUR District- SARAN ====================================================== G. M. Kumar Son of Surendra Rai, Resident of village- Jahangirpur, P.S.- Sonepur, District- Saran.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Braj Bhushan Mishra, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sonepur Police Station Case No. 268 of 2016, disclosing offences under Sections 341, 323, 354, 307, 379, 498(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner happens to be the husband of the informant is innocent and has not committed any offence. In fact, the petitioner, who is of clean antecedent, is still ready to keep the informant as wife with full honour and dignity but the informant herself does not want to live with her husband. Statement to that effect has been made in supplementary affidavit filed on behalf of the petitioner. Moreover, the mediation could not be

Patna High Court Cr.Misc. No.53899 of 2016 (5) dt.21-06-2017 succeeded at the instance of the informant, which is evident form the report of the mediator. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur Police Station Case No. 268 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T