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Patna High CourtCR. MISC./2504/2021bail granted

Sunil Kumar Sah v. The State Of Bihar

2021-12-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2504 of 2021 Arising Out of PS. Case No.-1805 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== SUNIL KUMAR SAH, Son of PASHUPATI NATH SAH @ PASHUPATI NATH Resident of Village - Kaliyaganj, P.s.- Palasi, Distt.- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi D/o Parmanand Sah, W/o Sunil Kumar Resident of Village - Shivpuri Ward No.9, Araria, P.s.- and Distt.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1805 of 2018, disclosing offences under Sections 498(A), 380/34 of the Indian Penal Code.

The learned Counsel for the petitioner submits that the Family Court has passed an order of maintenance in favour of the Opposite Party No.2. He also submits that there are allegations and counter allegations which cannot be verified in the bail proceeding.

Considering the aforesaid, the anticipatory bail is

Patna High Court CR. MISC. No.2504 of 2021(4) dt.08-12-2021 2/2 of the petitioner is allowed.

Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks, be released on 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-VI, Araria, in connection with Complaint Case No. 1805 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and one of the terms of the bail is that the petitioner shall be regularly paying the maintenance amount to the Opposite Party No.2 and her son, as decided by the Family Court. Any default of payment will result in cancellation of the bail bond of the petitioner. (Sandeep Kumar, J) sanjeev/- U T