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Patna High CourtCR. MISC./57600/2019bail granted

Dharmendra Kumar v. The State Of Bihar

2020-03-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57600 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== Dharmendra Kumar, Son of Surya Dev Singh Resident of Village/MohallaBelbanwa, P.S.-Motihari Town, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shayam Kumari Wife of Dharmendra Kumar Residing at MohallaAnandpuri, Belbanwa, P.S.-Town, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-03-2020 Supplementary affidavit is filed on behalf of the petitioner, let it be kept on record.

The office has reported that acknowledgment of registered notice has already been served upon the opposite party no.2, personally.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mahila P. S. Case No.26 of 2019 registered for the offences punishable under Sections 342, 143, 323, 307, 498A, 406 of the I.P.C.

Petitioner happens to be husband of the opposite party

Patna High Court CR. MISC. No.57600 of 2019(4) dt.05-03-2020 2/2 no.2 and it appears that there is matrimonial dispute between the parties. Although there is allegation of assault against the petitioner and others, but submission on behalf of the petitioner is that the informant has already compromised this case with the petitioner.

No one appears on behalf of the opposite party no.2 to controvert the above stated submissions.

Considering the aforesaid submissions particularly keeping in mind that both the parties have settled their dispute amicably, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mahila P. S. Case No.26 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash U T