Anand Ashu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1036 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -MAHILA PS District- GAYA ====================================================== Anand Ashu, S/O Raj Kumar Sharma, R/O Vill- Dedh ganw, P.S. - Narhat, Dist - Nawada .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amarendra Kumar Mishra For the Opposite Party : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Gaya Mahila P.S. Case No. 42 of 2016 for the offences punishable under sections 498 A, 323 and 34 of the I.P.C.

Perused the Mediator's repot. The dispute between the parties has been resolved and the petitioner and the opposite party no.2 are residing together. There is no dispute between them, but the mother of the opposite party no.2 is making hindrance in peaceful living and she had kept the son of the petitioner and the opposite party no.2 and did not allow to go with his mother

Patna High Court Cr.Misc. No.1036 of 2017 (6) dt.17-05-2017 2/2 (opposite party no.2). The learned counsel for the opposite party no.2 submits that due to love and affection the child was not ready to go after leaving his Nani and Mousi.

Under the circumstances, the mother of the opposite party no.2 is directed not to interfere in the peaceful life of the petitioner and the opposite party no.2 and if the child is ready to go with his mother then the mother of the opposite party no.2 shall allow the child to go with his mother.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Gaya in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

The petitioner shall give an undertaking before the learned court below that he will keep the opposite party no.2 with honour, dignity and comfort.

(Jitendra Mohan Sharma, J) Abhay/- U T