Manoj Pandit v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25465 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -DURAULI District- SIWAN ======================================================
1. Manoj Pandit, S/o late Shyambihari Pandit, R/o Village-Bhitauli, P.S.- Darauli, District-Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Rabindra Pandit, S/o late Sahatam Pandit, R/o Village-English Nonia Tola, P.S.-Mairwa, District-Siwan.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 05-09-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Darauli P.S. Case No.58 of 2016 instituted for the offence under Section(s) 323, 498-A Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
It has been submitted that matter has, now, been compromised between the parties.
Counsel for the Opposite Party No.2 has submitted that compromise has taken place between the parties. He has further submitted that the victim girl has solemnized second marriage also.
Compromise petition has been filed in the Court
Patna High Court Cr.Misc. No.25465 of 2017 (4) dt.05-09-2017 2/2 below, which has been annexed as Anenxure-2.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Darauli P.S. Case No.58 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Siwan, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.