Sanjib Kumar Bera @ Sanjeev Kumar Bera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30212 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA THANA District- Begusarai ====================================================== SANJIB KUMAR BERA @ SANJEEV KUMAR BERA S/o Late K.L. Bera R/o Quarter No. L. and T. 30 B.R.T.S. Barauni Refinery, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Begusarai Mahila P.S Case No. 28 of 2018, disclosing offences under Sections 323, 341 and 498(A)/34 of the Indian Penal Code, including Section 3⁄4 of the Dowry Prohibition Act.

It transpires that, in course of investigation, the petitioner had been asked to appear before the police, invoking Section 41(A) of the Cr. P.C., consequent upon which, he has appeared before the police. The charge sheet has been submitted and cognizance has been taken.

Learned counsel for the informant, on the other hand, vehemently opposing the prayer for anticipatory bail, has

Patna High Court CR. MISC. No.30212 of 2019(2) dt.08-05-2019 2/2 submitted that the petitioner has filed a divorce case on frivolous and malicious ground.

Be that as it may, considering the nature of dispute between the husband and the wife, leading to lodging of the FIR, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Begusarai in connection with Mahila P.S. Case No. 28 of 2018, subject to the condition 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) HR/- U T