Amitabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72353 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== AMITABH KUMAR Son of Sri Ram Narain Prasad R/V- Siswan Bazar, Ward No. 7, P.S- Paharpur, Dist- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Madhu Kumari Daughter of Upendra Kumar, wife of Amitabh Kumar R/VBairia Dih Tola Ghoghahan, P.S- Harsidhi, Dist- East Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate For the Opposite Party/s :

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner learned APP for the State.

The petitioner, in the present case, is seeking pre-arrest bail in connection with Harsidhi P.S. Case No. 206 of 2022 registered for the offences punishable under Sections 498A of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

As per prosecution story, the opposite party no. 2 gave a written application to the SHO, Harsidhi stating therein that she was married with the petitioner and from their wedlock one daughter was born who is aged about 11⁄2 years, thereafter sasural people demanding Rs. 10 Lakhs for purchase of four wheeler and due to non-fulfillment of the demand she was being tortured by them. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.72353 of 2022(4) dt.15-05-2023 2/2 general and omnibus allegation against the petitioner. Petitioner is husband and ready to keep the opposite party no. 2 with full dignity and honour.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, submission of both the parties that they are willing to live together and the petitioner is ready to take back his wife (opposite party no.2) within a period of one month from today and live with her with full dignity and care, this Court directs that in the event of his arrest or surrender within a period of four weeks from today, let the petitioner above-named be enlarged on Provisional Bail for six months on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 206 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C., thereafter, on being satisfied with his conduct, the learned court below shall confirm the bail.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T