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Patna High CourtCR. MISC./52184/2015bail granted

Ranjeet Kumar Mishra v. The State Of Bihar

2015-12-16Mr. Justice Kishore K. Mandal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52184 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Ranjeet Kumar Mishra son of Kumud Chandra Mishra, resident of village- Akardh, P.S.- Nawhatta, District- Saharsa, presently residing at Refugee Colony, Ward No. 06, Bangaon Road, P.S. + District- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2015 Heard Mr. Mishra for the petitioner and Mr. Dayal APP for the State.

The petitioner is husband of the informant and seeks bail in Raghopur P.S. case no. 126 of 2015 registered under Section 498A of the IPC and Section 3⁄4 of the Dowry prohibition Act.

On account of non fulfillment of dowry, it is alleged that she was ill treated, assaulted and ousted from the matrimonial home. It has been submitted on behalf of the petitioner that he has filed a petition for restitution of conjugal rights in the Court which is pending. The petitioner is always ready and willing to keep the informant with him and provide all safety and security.

Patna High Court Cr.Misc. No.52184 of 2015 (2) dt.16-12-2015 2/3 He is in custody since 27.08.2015.

Considering the materials on record and the stand taken by the petitioner, this Court is inclined to extend the privilege of bail. Let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur, Dist. Supaul in connection with Raghopur P.S. case no. 126 of 2015 subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(iii) Along with the bail bonds the petitioner shall produce the receipt showing deposit/ payment of Rs.3,000/-(three thousand) in favour of the informant and/or deposit the said amount in the

Patna High Court Cr.Misc. No.52184 of 2015 (2) dt.16-12-2015 3/3 Nazarat of the Civil Court and produce the receipt thereof which the informant shall be entitled to withdraw.

(Kishore Kumar Mandal, J) Shyam/- U T