Binod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48867 of 2019 Arising Out of PS. Case No.-2267 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== BINOD RAM Son of Late Garhan Ram Resident of Village - Pujaha Patjeerwa , P.S.- Shrinagar Pujaha, Dist.- West Champaran. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Sangita Devi W/o Binod Ram, D/o Awdesh Ram Resident of Village - Barohiya, P.S.-Chanpatiya, Dist.- W. Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Despite service of notice O.P. No. 2 has not entered appearance in this case.

The petitioner who is the husband of the complainant in the present case is seeking anticipatory bail in Complaint Case No. C-2267 of 2016 in which cognizance has been taken under Section 498A of the Indian Penal Code and Section 4 of Dowry and Prohibition Act.

Learned counsel for the petitioner submits that the petitioner being husband is ready to keep the O. P. No. 2 as wife with full dignity and care.

Learned APP has opposed the prayer of anticipatory

Patna High Court CR. MISC. No.48867 of 2019(3) dt.20-11-2019 2/3 bail.

Considering the facts and circumstances of the case wherein learned counsel for the petitioner has submitted on instruction from the petitioner in terms of paragraph '7' of the present application that the petitioner is ready and willing to live with the O. P. No. 2 with full dignity and care and further that learned counsel for the petitioner has submitted before this Court that the petitioner will visit the house of O. P. No. 2 within three weeks from today and shall bring her back to her matrimonial home, this Court directs that the petitioner above named, in case of his arrest or surrender within a period of four weeks from today in Complaint Case No. C-2267 of 2016, be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

Patna High Court CR. MISC. No.48867 of 2019(3) dt.20-11-2019 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. And further undertaking of the petitioner in terms stated hereinabove.

(Rajeev Ranjan Prasad, J) avin/- U T