Satyam Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32451 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Satyam Kumar Bharti, Son of Bidhan Chandra Bharti, resident of VillageLohrajpur, P.S. Katri Sarai, District Nalanda. At present residing at Sector9 C Koyla Depot, P.S. Harla, District- Bokaro, (Jharkhand). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramashish, Advocate. For the Opposite Party/s : Mr. handra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Magadh Medical P.S. Case No. 232 of 2016 instituted for the offence under Sections 448, 376, 511, 341, 323, 379, 504 and 506 of the Indian Penal Code.
It has been submitted that petitioner is husband of the informant. The informant is a Nurse at A.N.M.M.CH. Gaya whereas the petitioner is posted as Inspector, Central Excise at Dhanbad. It has further been submitted that informant has already filed a case under Section 498A of the Indian Penal Code against the petitioner. The petitioner has filed a case under Section 6 of the Hindu Minority and Guardianship Act on 19.7.2016 in the
Patna High Court Cr.Misc. No.32451 of 2017 (2) dt.14-07-2017 2/3 court of Principal Judge, Family Court, Gaya Counsel for the petitioner has submitted that both husband and wife are in litigating term for which the instant case has been filed by the informant.
From the written report it appears that there is general and omnibus allegation against the petitioner. The petitioner attempted to commit illegal act with her.
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 Magadh Medical P.S. Case No. 232 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 Additional Chief Judicial Magistrate-4th, Gaya, 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
Patna High Court Cr.Misc. No.32451 of 2017 (2) dt.14-07-2017 3/3 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.Ali/- U T