Arbind Kumar @ Arbind Raushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29255 of 2014 Arising Out of PS.Case No. -3667 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Arbind Kumar @ Arvind Kumar @ Arvind Raushan son of Sri Medini Rai resident of Shiv Puram (Vijay Nagar), P.S. - Rupaspur, District - Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Nidhee Priyadarshini W/o Sri Arvind Kumar R/o Bank of India, Colony Shastri Nagar , P.S. Shastri Nagar, Distt. Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Arbind Kumar @ Arvind Raushan For the Opposite Parties : Mr. Kr. Ranjit Ranjan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-05-2015 Heard the petitioner in person and counsel for the opposite party no.2.
The petitioner is facing accusation punishable under Section 498 A of the Indian Penal Code on account of complaint filed by opposite party no.2. The allegation in sum and substance is that the petitioner had earlier contracted a marriage, the same was not disclosed. She was tortured after marriage by the petitioner. The petitioner who has appeared in person has explained the circumstances under which he had disclosed the name one Richa in the application form submitted for his passport. It has been stated that he is ready and willing to resolve
Patna High Court Cr.Misc. No.29255 of 2014 (5) dt.15-05-2015 2/3 the matrimonial discord. He undertakes to take all pro- active steps in this regard although even the mediation which was directed to be made between the parties failed. In my view, it is not a case wherein the petitioner should be kept in prison which will worsen the situation.
Considering the submission which have been made by the petitioner, I am persuaded to privilege him with anticipatory bail. Let the petitioner, named above, in the event of his arrest/surrender before the leaned Court below within a period of four weeks from today, be released on anticipatory bail 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, Patna, in connection with Complaint case no. 3667 ( c) of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P.C. with following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default
Patna High Court Cr.Misc. No.29255 of 2014 (5) dt.15-05-2015 3/3 in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
(iii) The petitioner shall surrender his passport, if issued in the Court below alongwith the bail bond(s).
(Kishore Kumar Mandal, J) Shyam/- U T