Shankar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39062 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- ALOULI District- Khagaria ====================================================== SHANKAR PANDIT SON OF BANO PANDIT RESIDENT OF VILLAGEALOULI, PS- ALOULI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RADHA DEVI DAUGHTER OF BANARSI PANDIT RESIDENT OF VILLAGE- ALOULI, PS- ALOULI, DISTRICT- KHAGARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Singh For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Alauli P.S. Case No.565/2022, registered for the offence punishable under Sections 323, 341, 504, 307, 498(A) of the Indian Penal Code & Section 3⁄4 of D.P. Act.

3. The learned counsel for the petitioner submits that despite notices being validly served on the O.P. No.2, she chooses not to appear and contest. It is next submitted that petitioner being husband has been falsely implicated in the present case. It is next submitted that the O.P. No.2 has already performed her second marriage and thus she has not appeared in

Patna High Court CR. MISC. No.39062 of 2023(4) dt.21-02-2024 2/2 the case to contest when her father had received the notice on her behalf for which a jointness application has been filed.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Alauli P.S. Case No.565/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that the O.P. No.2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if he has not performed her second marriage. (Satyavrat Verma, J) amit/- U T