Avinash Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73139 of 2018 Arising Out of PS. Case No.-2373 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Avinash Kumar Singh Son of Rajendra Singh Resident of Village- Barwa, P.S. Lakhaura, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Varsha @ Varsha Kumari Wife of Avinash Kumar Singh and daughter of Harendra Singh Resident of Village- Barwa, P.S. Lakhaura, District- East ChamparanSasural Presently residing at Village- Gajpura, P.S. MotihariMufassil, District- East Champaran Naihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 2373 of 2017, disclosing the offence under Sections 498-A, 379, 307 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

The petitioner is the husband of opposite party no. 2. He has been allowed interim protection by previous orders. With the intervention of the Court and advice of learned counsel for the parties, the petitioner and opposite party no. 2 had started residing together.

Since the dispute is primarily of matrimonial nature,

Patna High Court CR. MISC. No.73139 of 2018(8) dt.19-11-2019 2/2 in my opinion, a case for grant of anticipatory bail is made out. This application is allowed.

Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in Complaint Case No. 2373 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T