Arun Bhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50333 of 2022 Arising Out of PS. Case No.-185 Year-2019 Thana- SIMRI District- Buxar ====================================================== ARUN BHAR S/O BHARAT BHAR Resident of village- Chhotaka Rajpur, P.S.- Simri (T.r.H.O.P.) District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NITU DEVI W/O ARUN BHAR AND D/O LATE SUGREEV BHAR Resident of Village- Chakki (Bhola Dera), P.S.- Brahampur (Chaki O.P.) Post- Chakki Lahna, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

Mr. Satyapal Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Anil Kumar Roy, learned counsel appearing on behalf of the petitioner, Mr. Satyapal Singh, learned counsel appearing on behalf of the opposite party no. 2 and Mr. Tapeshwar Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Simri (T.R.H.O.P) P.S. Case No. 185 of 2019 registered for the offence punishable under Sections 341, 323, 498(A) and 494/34 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioner informs this Court that petitioner is ready to live along with the opposite party no. 2, who is his legally wedded wife and his three children at his place of residence and he has also

Patna High Court CR. MISC. No.50333 of 2022(5) dt.24-04-2023 2/3 undertaken that the female with whom he is having relationship will not enter in the residential house of the petitioner. He will also fulfill the physical as well as financial requirement of the opposite party no. 2. He further informs that petitioner is ready to file an affidavit to the above extent.

4. The petitioner must file affidavit to that extent before the learned Court below and the learned Court below is directed to release the petitioner provisionally on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Buxar in connection with Simri (T.R.H.O.P) P.S. Case No. 185 of 2019, on any terms and conditions as fixed by the Court below.

5. In case, the opposite party no. 2 makes any complain against the petitioner then the relief granted by this Court to the petitioner will cease to operate. However, in case, no complain is found to be made by either parties for one year, the provisional bail granted to the petitioner shall be made absolute subject to the terms and conditions as laid down under Section 438(2) of the Cr.P.C. and further any condition fixed by

Patna High Court CR. MISC. No.50333 of 2022(5) dt.24-04-2023 3/3 the Court below.

6. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/Sanjeev U T