Patna High CourtCR. MISC./20593/2017bail granted

Vikash Kumar Sah @ Vikash Kumar v. State Of Bihar And ANR

2017-07-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20593 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -MAHILA District- MUNGER ======================================================

1. VIKASH KUMAR SAH @ VIKASH KUMAR, S/o Jugal Sah, R/o Village- Lakhminia Bazar, P.O.- Lakhminia, P.S.- Balia, DistrictBegusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Kumari, W/o Vikas Kumar Sah, D/o Santosh Prasad Sah, R/o Mohalla- Rampur Bikhari, Nilam Road, P.O. Munger, P.S.- Kotwali, District- Munger.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mahila Police Station Case No. 19 of 2016, disclosing offences under Section 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. Learned Counsel for the petitioner submits that he has already filed a divorce case, being Matrimonial

Patna High Court Cr.Misc. No.20593 of 2017 (3) dt.13-07-2017 2/2 (Divorce) Case No. 43 of 2016 on 04.06.2016, whereas the present case has been filed on 05.08.2016.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Viaksh Kumar Sah @ Vikash Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Munger, in connection with Mahila Police Station Case No. 19 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √