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Patna High CourtCR. MISC./36925/2019bail granted

Indresh Kumar @ Indresh Kumar Mahto v. The State Of Bihar

2019-06-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36925 of 2019 Arising Out of PS. Case No.-2962 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== INDRESH KUMAR @ INDRESH KUMAR MAHTO Son of Raghunath Mahto Resident of Village- Jitwariya, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

Punam Kumari Wife of Indresh Kumar @ Indresh Kumar Mahto and daughter of Sri Heera Mahto Resident of Village- Jitwariya, P.S.- Kalyanpur, District- Samastipur at present Resident of Village- Samartha, P.S.- Bibhutipur, District- Samastipur and resident of Village- Thatiya, P.S.- Sakara, District- Muzaffarpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Muzaffarpur Complaint Case No. 2962 of 2017 for the offence punishable under Sections 498(A), 307, 323 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Opposing the prayer for anticipatory bail, learned counsel appearing on behalf of the complainant has submitted that the petitioner has illicit relationship with another woman and he has married her also, which statement has been denied by

Patna High Court CR. MISC. No.36925 of 2019(3) dt.19-06-2019 2/2 learned counsel appearing on behalf of the petitioner. After going through the complaint petition, it appears that matrimonial dispute is the reason behind the lodging of the complaint case.

In the facts and circumstances, 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., East, Muzaffarpur in Muzaffarpur Complaint Case No. 2962 of 2017, 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) Pawan/- U T