Baiju Kumar Soni v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57481 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -PIRO District- BHOJPUR ====================================================== Baiju Kumar Soni, S/o Subhas Seth , R/o Vill.- Hassan Bazar, P.S.- Piro Distt.- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bindu Devi, W/o Baiju Kumar Soni, D/o Laxuman Sah, R/o Vill.- Barkagaon, P.S.- Tarari Distt.- Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate. For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Piro P.S. Case No. 11 of 2016 instituted for the offence under Sections 341, 323, 498(A) of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.
It has been submitted on behalf of the petitioner that his wife (opposite party No. 2) does not want to live with him. She left his house and performed another marriage with Sanjay Sonar. In this respect, a certificate has been issued from the Ward Member, Gram, Panchayat, Mangraon, (Annexure-2) wherein it is mentioned that victim girl has married with Sanjay Sonar and both are living as husband and wife.
Patna High Court Cr.Misc. No.57481 of 2017 (2) dt.07-12-2017 2/2 In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Piro P.S. Case No. 11 of 2016, he shall be released on anticipatory 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, Bhojpur at Ara, 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. (Sanjay Priya, J) S.