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Patna High CourtCR. MISC./60525/2021allowed

Sanjay Kumar v. The State Of Bihar

2022-06-07Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60525 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== SANJAY KUMAR S/o Ram Chandra Bhagat Resident of Village- Bachharpur, P.S.- Dumra, Distt- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s: Mr. Md. Anbzarul Haque Sahara For the State:

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with Dumra P.S. Case No. 115/2021, registered for the offences under Sections 341, 323, 307, 498(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the prosecution has not given any details of the physical injury of the informant as alleged in the F.I.R. and the marriage of the informant happened six years ago and the petitioner who is the husband of the informant always remains ready to keep his wife, in this regard conciliation meeting was held before the Court below, at the Mediation Centre from where notice was properly served on the informant but

Patna High Court CR. MISC. No.60525 of 2021(2) dt.07-06-2022 2/2 she intentionally did not appear even then the petitioner is still ready to keep the informant.

Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.

Having considered the above submissions and petitioner's willingness to keep the informant in his company and his attempt as submitted for conciliation meeting and also that the informant's marriage took place six years ago and prosecution has not drawn attention of this Court to any physical cruelty to the informant, in my view, the petitioner is entitled for a liberal approach, let the above named petitioner in the event of his arrest/surrender within four weeks from today in the Court below, 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 115/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shailendra Singh, J) kamlesh/- U T