Munna Choubey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47020 of 2014 Arising Out of PS.Case No. -1255 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ====================================================== Munna Choubey S/o Bijay Choubey Resident of Village Patanwa, P.S. Belaon, District Kaimur (Bhabua).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Soni Devi W/o Munna Choubey,D/o Rajbansh Dubey At present Resident of Village Dharampura, P.S. Sonhan, District Kaimur (Bhabua). .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-498A of the Indian Penal Code and Section-4 of Dowry Prohibition Act, while this Court was not inclined to grant anticipatory bail to the petitioner because the petitioner had refused to restore the relationship by making allegation against the character of his wife, but then now on second thought learned counsel for the petitioner has submitted that the petitioner is ready to restore the relationship with his wife and will keep her with due care and diginity, this Court is inclined to grant the privilege of anticipatory
bail to the petitioner namely, Munna Choubey if he surrenders within a period of four weeks from today and if he does so, he would be released on provisional bail for a period of three months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Kaimur (Bhabua) in connection with Complaint Case No. 1255 of 2013, Tr. No. 5638 of 2014, on the following terms and conditions:- (i) The petitioner shall surrender before the Court below on 18th of May, 2015 on which date the wife, Opposite Party No. 2 shall also remain present in the Court and if the petitioner gives a written undertaking for keeping his wife, opposite Party No. 2 with due respect and dignity, the petitioner will be granted provisional bail initially for a period of three months.
(ii) The petitioner after expiry of period of every three months shall appear
before the trial Court with his wife, opposite party no. 2 and the trial Court will make inquiry from Opposite Party No. 2, the wife, as to whether she was subjected to any cruelty, mentally or physically by her husband or his family members. In the event of an answer in affirmative by the opposite party no. 2 the provisional bail of the petitioner shall be immediately cancelled and he should be taken into custody. This provisional bail by periodical extension to the petitioner on expiry of every three months shall be kept on being extended till the period of one year subject to no further fresh allegation made by the opposite party no. 2 against the petitioner and/or his family members.
(iii) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are
related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
(iv) That the bailors shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(v) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U