Patna High CourtCR. MISC./20136/2015bail granted

Mukesh Kumar @ Akash Kumar v. The State Of Bihar

2015-06-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20136 of 2015 Arising Out of PS.Case No. -305 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Mukesh Kumar @ Akash Kumar Son of Sri Suresh Prasad resident of village - Pachauri, Police Station - Deepnagar, District - Nalanda .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Verma For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

17-06-2015 Heard Sri Umesh Kumar Verma, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Deepnagar P.S. Case no.305 of 2014 registered for the offence under Sections 498(A), 323, 504/34 of the Indian Penal Code, has prayed for grant of anticipatory bail. Learned counsel for the petitioner submits that there is ego dispute in between the wife ( informant) and the petitioner. He submits that since the informant was not living peacefully with the petitioner, the petitioner was constrained to file a divorce case vide Matrimonial Case no.138 of 2014, in which notice was issued to the informant of the present case. Despite valid service of notice,

Patna High Court Cr.Misc. No.20136 of 2015 (2) dt.17-06-2015 2/2 she did not appear and after about five months from the date of issuance of notice, the present F.I.R. has been lodged. I have perused the materials available on record. In view of facts and circumstances, the Court considers that it is a fit case for extending the privilege of anticipatory bail. Let the petitioner, namely, Mukesh Kumar @ Akash Kumar, in the event of his arrest or surrender within a period of one month from today, 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, Nalanda, Biharsharif in connection with Deepnagar P.S. Case no.305 of 2014, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U