Chandan Singh @ Chandan Kumar v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34613 of 2010 ====================================================== Chandan Singh @ Chandan Kumar son of Binay Singh @ Binay Kumar Singh, resident of village Birju Milky, P.S. Harnaut, District Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mithi Kumari D/o Kesho Prasad, resident of village Barat, P.S. Harnaut, Distt. Nalanda, at present residing at Gulzarbag Ward No.2, P.S. Madhepura, Distt. Madhepura .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Das Singh, Advocate For the Opposite Party/s : Mr. Khursheed Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 498A, 406, 307 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
In the nature of dispute between the parties, notices had been issued to the Opposite Party No.2 but none appears on her behalf.
In view of such, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with Madhepura P.S. case No.215 of 2009 (G.R. No.806 of 2009) on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like
Patna High Court Cr.Misc. No.34613 of 2010 (9) dt.19-01-2015 2/3 amount each to the satisfaction of Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
The petitioner is directed to deposit Rs.750/- (seven hundred and fifty) per month in the Court below firstly within 15 days from the date of receipt of this order and subsequently by 15th every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. The court below shall inform the wife of the petitioner about the present order. However, if the Complainant/informant has a Bank account or subsequently opens a Bank account, the money shall be
Patna High Court Cr.Misc. No.34613 of 2010 (9) dt.19-01-2015 3/3 deposited in the account and a receipt to this effect shall be filed by 15th every month in the court below and in case he fails to do so, his anticipatory bail would be automatically cancelled. (Anjana Prakash, J) Narendra/- U T