Jaishankar Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34400 of 2017 Arising Out of PS. Case No.-71 Year-2017 Thana- BATHNAHA District- Sitamarhi ====================================================== Jaishankar Choudhary ... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. SMT. SUMAN KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Bathnaha Police Station Case No. 71 of 2017, disclosing offence under Sections 498A and 379 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is the husband of the informant. 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 and dignity. There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of investigation or trial.

Patna High Court Cr.Misc. No.34400 of 2017(2) dt.11-08-2017 2/2 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 submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Jaishankar Choudhary, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha Police Station Case No.

71 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. 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 below on two consecutive occasions, his bail bond shall be liable to be cancelled.