Patna High CourtCR. MISC./33285/2017bail granted

Vikash Kumar Keshari v. State Of Bihar And ANR

2017-07-31Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.33285 of 2017 (3) dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33285 of 2017 Arising Out of PS.Case No. -405 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Vikash Kumar Keshari, Son of Raju Prasad Keshari Resident of Mohalla- Anand Nagar, P.S. Arrah Town, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Devi, Daughter of Guddu Keshri, Resident at Mohalla- Anand Nagar, Near Shiv Mandir, P.S.- Arrah Town, District- Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Ara Nagar P.S. Case No. 405 of 2016 instituted for the offence under Sections-498A, 323, 34 of the Indian Penal Code.

It has been submitted that the petitioner wants to keep his wife. He has filed a petition for restitution of conjugal rights before the Family Court, Ara on 07-11-2017 vide Matrimonial Case No. 392 of 2015, in which, the petitioner appeared and notice was issued to wife of the petitioner and thereafter, she appeared in that case and thereafter, the instant case has been filed on 10-062017. The petitioner is still ready to keep his wife. From the order of learned Sessions Judge, it appears

Patna High Court Cr.Misc. No.33285 of 2017 (3) dt.31-07-2017 that the petitioner is ready to keep the wife but the wife is not ready to live with him. Similar fact has been mentioned in the order of this Hon'ble Court dated 04-05-2017 passed in Cr. Misc. No. 12442 of 2017 by which anticipatory bail of the petitioner was rejected.

In such circumstances, prayer for bail is allowed. The petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ara Nagar P.S. Case No. 405 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Ara subject to condition that both the bailors should be close relative of the petitioner.

(Sanjay Priya, J) A.K.V./- U T