Manoj Kumar @ Manoj Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34858 of 2017 Arising Out of PS.Case No. -2031 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Manoj Kumar @ Manoj Kumar Rai S/o Sri Ram Chandra Rai, Resident of Village- Manpura, P.S.- Mahua, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sushma Devi @ Ranju Kumari W/o Manoj Kumar @ Manoj Kumar Rai, D/o Sukhdeo Rai, Resident of Village- Bardiha, Turki, P.O. + P.S.- Patepur, District- Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 2031 of 2016, disclosing offences under Sections 498A/34 and 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner is the husband of the opposite party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

Learned counsel for the petitioner submits that the petitioner is ready to keep opposite party No. 2 with full love

Patna High Court Cr.Misc. No.34858 of 2017 (2) dt.11-08-2017 2/3 and dignity.

There is no reason for this Court to feel that if the petitioner granted the privilege of anticipatory bail, he shall flee from the course of investigation or trial. It is submitted on behalf of the petitioner that the petitioner shall present himself before the police, as and when required, and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 2031 of 2016, corresponding to Trial No. 3358 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure

Patna High Court Cr.Misc. No.34858 of 2017 (2) dt.11-08-2017 3/3 on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T