Santosh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45633 of 2019 Arising Out of PS. Case No.-2913 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== SANTOSH KUMAR BHAGAT Son of Late Rajendra Bhagat Resident of Mohalla - Shastri Nagar, Ward No. 16, P.S.- Araria, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Dimpal Kumari Bhagat Wife of Santosh Kumar Bhagat, D/O- Suresh Bhagat Resident of Mohalla - Bhagat Tola, Ward No. 28. P.S. and District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 2913C of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Though it is alleged in the complaint petition that the complainant was tortured for non-fulfillment of demand of dowry, it transpires from the submission advanced at the bar that there is matrimonial discord, which appears to be the reason for lodging of the criminal case.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner shall present himself before the Court as and when required for the purpose of inquiry or trial.

Patna High Court CR. MISC. No.45633 of 2019(3) dt.01-10-2019 2/2 Considering the above submission, 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 SubDivisional Judicial Magistrate, Araria in Complaint Case No. 2913C of 2018, 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) arun/- U