Manjeet Kamti v. The State Of Bihar

Patna High Court Cr.Misc. No.41403 of 2014 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41403 of 2014 Arising Out of PS.Case No. -88 Year- 2012 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Manjeet Kamti Son of Budhan Kamti Resident of Village - Jarso, P.S.- Bahera, District - Darbhanga .... .... Petitioner.

Versus

1. The State of Bihar.

2. Buchhi Devi, D/o Upendra Kamti, R/o Village- Nehra (Budha Chawk), P.S. Manigachhi, District- Darbhanga.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Shambhu Nath Jha, Advocate. For the State : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Manigachhi P.S. Case No. 88 of 2012, registered under Sections 341, 323, 498A and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits complainantwife has married with another person and she is not willing to live with the petitioner.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of the order in the court below shall be released on interim bail for four months on furnishing bail bonds of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Manigachhi P.S. Case No. 88 of 2012, subject to condition as laid

Patna High Court Cr.Misc. No.41403 of 2014 (3) dt.23-04-2015 down under Section 438 (2) of Cr.P.C. Further condition that petitioner will appear on each and every date fixed in this case. Further condition that trial court shall call the complainant-wife and asked her to with the petitioner and if the complainant is willing to go with the petitioner and petitioner shall keep the complainant with due dignity and honour then trial court shall confirm the bail bond of the petitioner. Further condition that if the petitioner is not willing to keep the complainant-wife then bail bond of the petitioner shall stand cancelled. With the above observation, the petition is disposed of. m.p.

(Gopal Prasad, J) U T