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Patna High CourtCR. MISC./47690/2019bail granted

Chandan Kumar v. The State Of Bihar

2019-11-16Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47690 of 2019 Arising Out of PS. Case No.-2332 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== CHANDAN KUMAR S/o Ramchandar Mahto @ Bhola Mahto Resident of Village- Chhorahi, P.S.- Khodabandpur, Dist.- Begusarai. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nibha Kumari W/o Chandan Kumar, D/o Pawan Kumar Verma Resident of Village- Chhoranhi, P.S.- Bakhari, Distt.- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, being a husband, is apprehending his arrest in connection with Complaint Case No. 2332 of 2015 for the offence registered under Sections 498(A), 323, 504, 307, 379 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47690 of 2019(4) dt.16-11-2019 2/3 petitioner is willing and ready to keep the opposite party no. 2 with a full honour and dignity and there shall be no recurrence of any such act which would prejudice her in any manner. Learned counsel for the opposite party no. 2 submits that the girl is also willing and ready to go with her husband and, therefore, necessary orders may be passed so as to enable her to go back to her matrimonial home.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Begusarai in connection with Complaint Case No. 2332 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. However, it is made clear that the petitioner would go to the village home of the opposite party no 2 within a fortnight and, thereafter, collect her and restore normal family relation between themselves. It shall be open to the opposite party no. 2 to seek recourse to any appropriate remedy in the event of the petitioner failing to honour his own undertaking made before

Patna High Court CR. MISC. No.47690 of 2019(4) dt.16-11-2019 3/3 this Court.

(Anjana Mishra, J) Jagdish/- U T