Shiv Kumar Kachhi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35181 of 2017 Arising Out of PS.Case No. -253 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Shiv Kumar Kachhi, son of late Ram Prasad Kachhi resident of village Mushar Tola, Jagdishpur, P. S. Jagdishpur, Dist- Bhojpur at Ara .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shrikant Mishra For the Opposite Party/s : Mr. Umesh Chand Pandit,APP ====================================================== 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 Dinara P.S. Case No. 253of 2016, disclosing offence under Section 498A/34 of the Indian Penal Code.
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 Judicial Magistrate, First Class, Bikramganj, Rohta, in Dinara P.S. case No. 253 of 2016 (G.R. No. 1253/2016), 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