Patna High CourtCR. MISC./51507/2014bail granted

Manoj Kumar Prasad v. The State Of Bihar

2015-06-24Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51507 of 2014 Arising Out of PS.Case No. -2426 Year- 2009 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Manoj Kumar Prasad son of Late Hari Lal Mahto resident of village - Hasanpura, Naya Tola, P.O. Marhowrah, P.S. Marhowrah, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi, wife of Manoj Kumar, D/o- Mishri Lal Prasad, R/o- village Hasanpur Naya Tola, P.O. + P.S.- Madhaura, District- Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-06-2015 Heard the Counsel for the petitioner and the APP for the State.

The husband is the petitioner facing prosecution under Section 498A IPC on the basis of complaint lodged on 13.7.2009. It has been submitted on behalf of the petitioner that earlier to this an F.I.R. was lodged by the present complainant in which the Police, on conclusion of investigation, submitted final form. Immediately thereafter, again the present case has been lodged. Referring to the order passed in Cr. Misc. No. 38496 of 2014 (Annexure-5), it has been stated that the maintenance amount fixed thereunder is being regularly paid to the complainant.

Under the facts and circumstances of the case, in the

Patna High Court Cr.Misc. No.51507 of 2014 (3) dt.24-06-2015 2/2 event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saran at Chapra in Complaint Case No. 2426 of 2009 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U