Surendra Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44914 of 2022 Arising Out of PS. Case No.-367 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== SURENDRA SUMAN S/o Ishwar Chandra Rai R/o village- Sauraha, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Minti Kumari W/o Surendra Suman, D/o Pradeep Kumar Presently residing at Village- Champanagar, P.S.- Champanagar (K. Nagar), District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kumar, Advocate For the State :
Mr.Gauri Shankar Gupta, APP For the informant :
Ms. Mohini Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner, learned APP for the State as also the informant.
The petitioner apprehends his arrest in connection with Complaint Case No.367 of 2022 instituted under Sections 323, 498(A) of the IPC and 3⁄4 of Dowry Prohibition Act. As per the prosecution story, the lady was married to the petitioner but was being tortured for dowry and the petitioner who was an Assistant Station Master had confined her in a single room and also stopped giving food and medicine at the time of birth of her daughter and they are increased their torture. Left with no alternative, the FIR was lodged. It has been submitted by the learned counsel for the petitioner and conceded by the learned counsel for the informant
Patna High Court CR. MISC. No.44914 of 2022(3) dt.08-02-2023 2/3 that now the parties have reached a memorandum of understanding dated 02.02.2023 which has been brought on record by way of supplementary affidavit.
In view of the development that has taken place between the parties, so far as the anticipatory bail is conceded, this court is inclined to extend him the same. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Complaint Case No.367 of 2022 to the satisfaction of learned S.D.J.M., Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner will make himself available to the police as and when required in course of investigation; (iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her
Patna High Court CR. MISC. No.44914 of 2022(3) dt.08-02-2023 3/3 bail bond by the Trial court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T