Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7871 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -BRAHMPUR District- BUXAR ====================================================== Munna Kumar, S/o Shiv Nandan Shah, Resident of Village/MohallaBhartiya Nagar, Ward No.26, Barhara, P.S.-Nagar, District-Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Nishanta Kumari, wife of Munna Kumar, daughter of Shivjee Prasad, residence of village Brahampur Western Tola, P.S. Brahampur, Distt. Buxar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate. For the Opposite Party/s : Sri Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Brahmpur P.S. Case No. 183 of 2016 instituted for the offence under Sections 498(A), 323, 379 and 34 of the Indian Penal Code. Petitioner is husband of the complainant. He is ready to keep his wife. He has stated that he is ready to file necessary affidavit and bond also to keep her properly. The complainant is present with her father. She is not ready to live with her husband. The court has persuaded her that she may live with the petitioner after execution of bond in the court below and court below will monitor the relationship whether he is keeping her properly or not. The girl is not ready to go on such condition. The father of the complainant is also not ready to send his daughter with petitioner on the aforesaid terms.
Patna High Court Cr.Misc. No.7871 of 2017 (4) dt.25-04-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Brahmpur P.S. Case No. 183 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.