Rajendra Kumar Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47229 of 2017 Arising Out of PS.Case No. -719 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Rajendra Kumar Choudhary, son of late Hajari Choudhary, R/o VillageDamariya, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Baby Devi (wife of Rajendra Kumar Choudhary), D/o Raj Kumar Choudhary @ Ram Pukar Choudhary, R/o Village- Ganpura, P.S.- Phulwarisharif, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Complaint Case No.719-C of 2012 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Notice was issued to the Opposite Party No.2, which has validly been served, but none appears on behalf of the Opposite Party No.2.
Counsel for the petitioner has submitted that he is always ready to keep the wife, but she is not ready to live with him.
The Sessions Judge has mentioned in the impugned order that both have appeared before him. Petitioner is ready to
Patna High Court Cr.Misc. No.47229 of 2017 (4) dt.21-12-2017 2/2 keep the wife but the wife has refused to live with him since he is addict of narcotic substance.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.719-C of 2012, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.