Mahatam Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57189 of 2021 Arising Out of PS. Case No.-94 Year-2020 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Mahatam Prasad Son of Late Bhagrasan Gond Resident of VillageBaikunthpur, P.S.- Bishunpura, District- Kusi Nagar (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sita Devi Wife of Mahatam Prasad, D/o Kashi Nath Sah Resident of VillageValmikinagar, 3 number Pahar, P.S.- Valmikinagar, District- West Champaran.

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A/323 of the Indian Penal Code.

This is a case under Section 498A of the Indian Penal Code. Petitioner is ready for settlement of dispute with Opposite Party No.2, who is wife of the petitioner.

Patna High Court CR. MISC. No.57189 of 2021(2) dt.08-12-2021 2/3 Considering the background and nature of allegation of commission of offence under Section 498A of the Indian Penal Code, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Trial No.4034 of 2021, arising out of Complaint Case No.94 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall attend the Court on each and every date till confirmation of provisional bail. (d) The Court-below shall notice both the parties for amicable settlement and if the petitioner would be found

Patna High Court CR. MISC. No.57189 of 2021(2) dt.08-12-2021 3/3 cooperative; the Court-below shall confirm the provisional bail.

Accordingly, this application stands disposed of. (Birendra Kumar, J) Mkr./- U T