Suraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24532 of 2015 Arising Out of PS.Case No. -4420 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA ===================================== Suraj Kumar, S/o Late Krishna Pd., resident of Bari Maszid, Khagaul, P.S. - Khagaul, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rekha Raj, W/o Suraj Kumar, D/o Sri Maheshwari Sah, resident of near Metro Hospital, Mahabir Nagar, P.O. - Lohiya Nagar, P.S. - Patrakar Nagar, District - Patna. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao, Adv. For the Opposite Party/s : Mr. Ranjit Ranjan (A.P.P.) For the Opposite Party No.2 : Mr. Binod Bihari Sinha, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-02-2016 Heard learned counsel, appearing on behalf of the petitioner, learned Additional Public Prosecutor, appearing on behalf of the State, and learned counsel, appearing on behalf of opposite party No.2.

This application for grant of anticipatory bail arises out of Complaint Case No.4420(c) of 2013, disclosing offences under Sections 341, 323, 498(A)/34 of

Patna High Court Cr.Misc. No.24532 of 2015 (4) dt.02-02-2016 2/3 the Indian Penal Code.

From the report, submitted by learned Mediator, dated 28.01.2016, it appears that parties have decided to resolve the dispute finally with opposite party No.2, through negotiated settlement.

It is agreed by learned counsel, appearing on behalf of the opposite party No.2, that a draft, to the tune of Rs.7,00,000/-, in favour of opposite party No.2, has accordingly been handed over to her.

Learned counsel, appearing on behalf of the petitioner, further submits that the parties have decided to dissolve their marriage with mutual consent, under Section 13 B of the Hindu Marriage Act. Without commenting upon the submission, as noted above, I do not find any reason why this application for anticipatory bail should not be allowed.

Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Krishna Gopal, learned Judicial Magistrate, Patna, in connection with Complaint Case No.4420/C of 2013, subject to the condition laid down under Section 438 (2) of

Patna High Court Cr.Misc. No.24532 of 2015 (4) dt.02-02-2016 3/3 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T