Ramesh Sah @ Ramesh Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23626 of 2017 Arising Out of PS.Case No. -365 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramesh Sah @ Ramesh Prasad, S/o Yamuna Sah, Resident of VillageBelahiya, P.S.- Darpa, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Khusboo Devi, Wife of Ramesh Prasad, D/o Jawahir Sah, Resident of Village- Behahiya, P.S. Darpa, District- East Champaran at present resident of Village- Piparpati, P.S.- Ramgadhwa, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Siya Ram Shahi Ms. Shally Kumari For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 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. C-365 of 2015, disclosing offences under Sections 498A, 323, 504 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 he is ready to keep the Opposite Party No. 2 with full love
Patna High Court Cr.Misc. No.23626 of 2017 (2) dt.14-07-2017 2/3 and dignity.
There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.
It is submitted that the petitioner shall present himself before the Court 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 submission advanced on behalf of the petitioner, this application is allowed.
Let the petitioner, Ramesh Sah @ Ramesh Prasad, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, Motihari, in connection with Complaint Case No. C-365 of 2015, 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 before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his
Patna High Court Cr.Misc. No.23626 of 2017 (2) dt.14-07-2017 3/3 bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √