Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42695 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== UMESH KUMAR Son of Shiv Kumar Sah Resident of Village - Ahirpurwa, P.S.- Ara Nagar, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Tiwary For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mahila P.S. Case No. 14 of 2019, disclosing the offence under Sections 341, 323, 498-A, 420, 120-B, 504/34 of the Indian Penal Code.

The petitioner is the husband of the informant. The informant was noticed and after her appearance, the matter was referred to Patna High Court Mediation Centre for amicable settlement of dispute between them. The mediation has, however, failed, as can be noticed from the report of the Mediator. The petitioner was allowed interim protection by an order dated 10.07.2019.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.42695 of 2019(9) dt.12-06-2020 2/2 has submitted that this is purely a matrimonial dispute between the parties in respect of which criminal case has been filed. Considering the nature of accusation and the facts and circumstances noted above, 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 Sub-Divisional Judicial Magistrate, Bhojpur, Ara in Mahila P.S. Case No. 14 of 2019, 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