Rajni Kant Sinha v. The State Of Bihar

Patna High Court Cr.Misc. No.4302 of 2015 (2) dt.02-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4302 of 2015 Arising Out of PS.Case No. -2846 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Rajni Kant Sinha, son of late Chandra Shekhar Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. B.M.P.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Power is filed on behalf of the complainant.

Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 2846 of 2013 in which cognizance has been taken for the offences punishable under Sections 406, 120B of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. At the very outset, it is pointed out by learned counsel for the petitioner that wife of the petitioner was granted privilege of anticipatory bail by this court vide order dated 23.01.2015 passed in Cr. Misc. No. 3256 of 2015 subject to condition that she shall return Rs. 2,50,000/- to the complainant either through bank draft or by depositing the same in the

Patna High Court Cr.Misc. No.4302 of 2015 (2) dt.02-02-2015 concerned court within ninety days from the date of her surrender and, therefore, petitioner should also be granted privilege of anticipatory bail with the above stated condition. Learned counsel appearing for the complainant does not raise any objection.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Sub Divisional Judicial Magistrate, East, Muzaffarpur in Complaint Case No. 2846 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that if wife of the petitioner fails to comply with the order dated 23.01.2015 passed in Cr. Misc. No. 3256 of 2015, the lower court shall be at liberty to cancel the bail of the petitioner also.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T