Anshu Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38867 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== 1.

Anshu Jaiswal Son of Sri Jai Chandra Jaiswal, Resident of Village- Jokwa, P.S.- Patherwa, District- Kushinagar (U.P.).

2.

Jai Chandra Jaiswal Son of Late Ram Ayodhya, Resident of Village- Jokwa, P.S.- Patherwa, District- Kushinagar (U.P.).

3.

Pinki Jaiswal Daughter of Jai Chandra Jaiswal, Resident of Village- Jokwa, P.S.- Patherwa, District- Kushinagar (U.P.).

4.

Anil Jaiswal Son of Harendra Jaiswal, Resident of Village- Jokwa, P.S.- Patherwa, District- Kushinagar (U.P.).

5.

Saroj Devi @ Saroj Jaiswal, Wife of Sri Jai Chandra Jaiswal Resident of Village- Jokwa, P.S.- Patherwa, District- Kushinagar (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nikita Jaiswal Daughter of Sri Suresh Jaiswal, Resident of Village- Kateya, Ward No. 05, P.S.- Kateya, District- Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners, learned A.P.P. for the State as well as learned counsel for the opposite party no. 2.

Petitioners in the present case are seeking anticipatory bail in connection with Kateya P.S. Case No. 369 of 2018 registered for the offences punishable under Sections 498 (A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.38867 of 2019(3) dt.20-09-2019 2/3 Since the parties have expressed their desire to amicably resolve the issue and now the petitioner no. 1 is ready to visit the house of the informant/complainant-opposite party no. 2 to take her back to his matrimonial home and the opposite party no. 2 is also willing to live with the petitioner no. 1 with full dignity and care, with the consent of the parties the present application is being disposed off granting privilege of anticipatory bail to the petitioners on the petitioners surrendering before the court below within a period of four weeks from today and on submitting bail bond of Rs.15,000/- each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XV, Gopalganj in connection with Kateya P.S. Case No. 369 of 2018.

This should, however, be subject to the provisions contained under Section 438(2) of the Cr.P.C. and an additional condition in terms of the undertaking of the petitioner no. 1 given before this Court that he would visit the house of opposite party no. 2 on 5th October, 2019 and shall take his wife (opposite party no. 2) back to her matrimonial home where the petitioner no. 1 is residing.

In case, the petitioner no. 1 commits breach of this condition it will be open for opposite party no. 2 to move this Court for cancellation of bail.

Patna High Court CR. MISC. No.38867 of 2019(3) dt.20-09-2019 3/3 Application stands disposed off accordingly.

(Rajeev Ranjan Prasad, J) vats/ved U T