Patna High CourtCR. MISC./31593/2017bail granted

Abhishek Kumar v. State Of Bihar And ANR

2017-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31593 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -DAUDPUR District- SARAN ======================================================

1. Abhishek Kumar Son of Sri Schan Prasad, Resident of Village- Shitalpur, P.O.- Bareja, P.S.- Daudpur, District- Saran at Chapra .... Petitioner

Versus

1. The State of Bihar

2. Riti Devi, D/o Sri Dhirendra Prasad, R/o Village- Sirisiya, P.S.- Rivilganj, District- Saran at Chapra .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kr Singh No.1, Adv. For the Opposite Parties : Mr. Braj Kishore Prasad, APP 90 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 323, 307, 379, 406, 498A and 494 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act. The petitioner is husband of the informant-opposite party no. 2. There is allegation of demand of dowry and torture for the same. It has been stated that the petitioner is ready for amicable settlement of dispute and restoration of conjugal life. The impugned order reveals that no step for amicable settlement of dispute was taken thereat.

In the circumstances, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Daudpur P.S. Case No. 46 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, II, Saran at Chapra, or successor Court, subject to the condition laid

Patna High Court Cr.Misc. No.31593 of 2017 (2) dt.13-07-2017 2/2 down under Section 438(2) of the Criminal Procedure Code and, further, with the condition that the Court below shall notice the parties and take necessary steps for amicable settlement. If the petitioner would be found cooperative in the settlement of dispute and willing for restoration of conjugal life, then, the provisional anticipatory bail shall be confirmed by the Court below, itself, otherwise necessary order would be passed according to law. (Birendra Kumar, J) SA/- U √ T √