Nalini Kant Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21920 of 2017 Arising Out of PS. Case No.-562 Year-2016 Thana- ARA NAWADA District- Bhojpur ====================================================== Nalini Kant Giri son of Sri Radha Krishna Giri resident of village - Milki, Police Station - Tarari in the district of Bhojpur, Presently residing at Quarter no. 1105, Sector 6D, Bokaro Steel City, Police Station - Sector - 6, in the district of Bokaro ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kamla Kumari daughter of Shivadhar Giri resident of Mohalla - Ara Nawada, Police Station - Ara Nawada in the town of Ara, District of Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Pd. Singh, Sr. Adv.

Mr. Bimal Kumar For the State :

Mr. SRI KHURSHID ANWAR For the Informant :

Mr. Surendra Kumar Singh Ms. Tulika Singh Ms. Sudha chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Senior Counsel for the petitioner, learned Counsel appearing on behalf of the informant and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Ara Nawada Police Station Case No. 562 of 2016, disclosing offence under Sections 498A/323/504/379/34 of the Indian Penal Code.

The petitioner is the husband of Opposite Party No. 2.

On 14.07.2017, as directed by this Court, the petitioner and the Opposite Party No. 2 were present in Chambers. The Court had the occasion to interact with them.

Though the petitioner expressed that he was willing to keep the Opposite Party No. 2 with him at the place where he is residing, his conduct did not appear to be honest and bona fide to the Court. Leaving the Opposite Party No. 2 at her matrimonial house, the petitioner is living at Bokaro, where he is employed. I do not intend to make any comment in the present order on the conduct of the petitioner as that may prejudice his case pending before different courts.

In my view, keeping in mind his conduct, the petitioner is not entitled for the privilege of anticipatory bail. This application for anticipatory bail is, hereby, rejected.

The petitioner, Nalini Kant Giri, is directed to surrender before the Court below within a period of two weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudice by rejection of the present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √