Patna High CourtCR. MISC./14627/2016bail granted

Guddu Kumar v. The State Of Bihar

2016-07-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14627 of 2016 Arising Out of PS.Case No. -459 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Guddu Kumar S/o Jaleshwar Thakur R/o Vill- Chandua, PS Kurhni, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Kurhni (Turki O.P.) P.S. Case No. 459 of 2015, disclosing offences under Sections 304B/34 of the Indian Penal Code. The petitioner is the husband of the deceased. It is submitted on behalf of the petitioner that the petitioner never demanded any dowry nor tortured the deceased. The First Information Report came to be registered on the basis of the complaint petition filed by the Informant, which has been registered as Kudni (Tuki OP) case No. 459 of 2015. He submits that the informant, who is the father of the deceased, has subsequently realized and he has retracted from his earlier version.

Learned counsel for the informant does not dispute

this aspect.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the court below, 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 Sri Santosh Kumar Jha, learned Judicial Magistrate, Ist Class, Muzaffarpur in Kurhni (Turki OP) No. 459 of 2015, subject to the conditions 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) ArunKumar/- U