Patna High CourtCR. MISC./42223/2014bail granted

Binod Sah v. State Of Bihar And ANR

2015-03-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42223 of 2014 Arising Out of PS.Case No. -2948 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN (BETTIAH) ====================================================== Binod Sah, son of Buchan Sah, resident of village-Ojha Barwa, P.S.- Yogapatti, District - West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Krinta Devi, daughter of Bunni Sah, resident of Village - Baikunthwa, P.S. - Nautan, District - West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-03-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. The petitioner seeks anticipatory bail in Complaint Case No. 2948-C/2013 in which cognizance has been taken of the offence punishable under Section 498-A of the Indian Penal Code.

It has been contended that the petitioner has neither demanded any dowry, nor did he subject the complainant to cruelty, in any manner, whatsoever, but due to matrimonial

Patna High Court Cr.Misc. No.42223 of 2014 (2) dt.20-03-2015 2 / 2 discord on account of family feud of daily life, and also due to frequent interference by members of her parents' family the present case has been instituted.

Learned counsel for the complainant has vehemently opposed the prayer for anticipatory bail. He has submitted that a matrimonial case is pending between the parties and if the petitioner would be granted anticipatory bail, there will be no scope of amicable settlement between the parties. Be that as it may, in the event of arrest or surrender in the court below within a period of four weeks from today, let the petitioner be enlarged 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 Sr. N. P. Singh, the learned Judicial Magistrate,1st Class, West Champaran at Bettiah in connection with Complaint Case No. 2948-C/2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T