Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50214 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- KHAGAUL District- Patna ====================================================== ANIL KUMAR S/o Ramakanth Singh R/o village- Khaspur, Kachchidargah, P.S.- Didarganj, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GOLDI KUMARI W/o Anil Kumar, D/o Rambabu Ray R/o villageRanisarai, P.S.- Bakhtiyarpur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 498(A)/323/394/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution story, the informant alleged that she was married in 2017 but is being regularly harassed for dowry and in the process she was also assaulted by the husband and his family members.

Accordingly, the present FIR came to be lodged. Learned counsel for the petitioner submits that he is Data Entry Operator, an educated and responsible person and ready to lead a dignified life alongwith his wife and further

Patna High Court CR. MISC. No.50214 of 2022(2) dt.09-12-2022 2/3 assures the Court that whatever pains the lady has, he will try to do away with it and the couple will lead a happy married life. Taking into account the said commitment made by the petitioner through his lawyer, as also he is in custody since 12.5.2022, charge-sheet stands submitted and has no criminal antecedent, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-V, Danapur, in connection with Khagaul P.S. Case No. 124 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.50214 of 2022(2) dt.09-12-2022 3/3 cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T