Amit Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 60807 of 2019 Arising Out of PS. Case No.-677 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== AMIT KUMAR BHAGAT Son of Binod Kumar Bhagat Resident of Village - Mirchaibari, Ward No. 5, P.S.- and District- Katihar ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shweta Kumari Wife of Amit Kumar Bhagat, D/O - Baijnath Bhagat Resident of Village - Forbesganj Ward No. 10, P.S.- Forbesganj, DistrictAraria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Pankaj Kumar Jha, Advocate For the S t a t e :

Ms Rina Sinha, APP For the Complainant :

Mr Abhijeet Gautam, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner, complainant and the learned APP for the State.

Petitioner apprehends arrest in connection with Complaint Case No 677C of 2018 instituted for the offence punishable under Section 498A of Indian Penal Code and Section 4 of Dowry Prohibition Act.

It is submitted by the petitioner's counsel that the petitioner and the complainant, who has already appeared, are contesting the divorce petition and, in the meantime, the complainant is receiving the amount of interim maintenance as per the current orders in the divorce case.

Patna High Court CR. MISC. No.60807 of 2019(13) dt.25-01-2021 2/3 Learned counsel for the complainant submits that there is a bona fide civil dispute between the husband and wife and the resort to criminal proceeding is unwarranted. In view of the fact that the matter is pending consideration before the Civil Court, prayer of petitioner for grant of anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Araria in Complaint Case No 677C of 2018 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Patna High Court CR. MISC. No.60807 of 2019(13) dt.25-01-2021 3/3 Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T