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Patna High CourtCR. MISC./35489/2017bail granted

Amit Kumar @ Munna v. State Of Bihar And ANR

2017-08-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35489 of 2017 Arising Out of PS.Case No. -2307 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Amit Kumar @ Munna, son of Sri Ranjit Prasad, Resident of Ghagha Gali, Macharhatta, P.S.- Chowk, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sweety Devi @ Babu Kumari, wife of Amit Kumar @ Munna, D/o Late Sukhdeo Mandal, R/o Mohalla- Ghagha Gali Macharajatta, P.S.- Chowk, District- Patna. present residing at Parmanand Niketan Ani Besant Road, P.S.- Pirbahore, District- Patna.

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Complaint Case No. 2307 (C) of 2016, disclosing offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant with full honour, love and dignity.

It is evident from the materials on record that matrimonial discord between them is the root cause for

registration of the First Information Report. No purpose will be served, if the petitioner is taken into custody. It is submitted 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/surrender within six weeks from today in the Court below, 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 the learned Sub Divisional Judicial Magistrate, Patna in Complaint case No. 2307(C) of 2016, subject to the conditions 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) ArunKumar/- U