Gautam Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20952 of 2017 Arising Out of PS.Case No. -286 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ======================================================
1. Gautam Kumar, Son of Sudhir Kumar resident of Village- Meru Diyara, P.S. Kasim Bazar, Dist.- Munger at present Resident of Village- Kanti, P.S. Kanti Dist.- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Neelam Kumar, D/o Lalit Kumar, Resident of Mohalla- Powerganj, Godhna Road, Bidhut Colony, P.S.- Ara Nawada, Dist.- Bhojpur, Ara. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Rani Kumari For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhojpur Mahila Police Station Case No. 286 of 2016, disclosing offences under Sections 323/498A/406/ 504/34 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
Patna High Court Cr.Misc. No.20952 of 2017 (4) dt.13-07-2017 2/3 he is ready to keep the Opposite Party No. 2 with full love and dignity.
There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.
It is submitted that the petitioner shall present himself before the Court as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.
Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.
Let the petitioner, Gautam 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 Sub Divisional Judicial Magistrate, Ara, in connection with Bhojpur Mahila Police Station Case No. 286 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
Patna High Court Cr.Misc. No.20952 of 2017 (4) dt.13-07-2017 3/3 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 √