Tinku Kumar @ Chintu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5144 of 2017 Arising Out of PS.Case No. -976 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. TINKU KUMAR @ CHINTU KUMAR, son of Birju Singh, resident of village-Chulhaichak, P.O.-Khagaul, P.S.- Rupaspur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ranju Kumari, D/o Dineshwar Prasad Sinha, through Anil Kumar Sinha, resident of Mohalla- Bankmans Colony, Chitragupta Nagar, P.S.- Patrakar Nagar, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 06-04-2017 Heard learned counsel for the Petitioner and the State.
None has appeared on behalf of the Opposite Party No.2 even after valid service of notice.
The Petitioner apprehends his arrest in Complaint Case No.976-C of 2015 instituted for the offence under Section(s) 498-A, 324 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The matter was ordered to be fixed in Chambers on 31.03.2017 but the Opposite Party No.2-wife did not appear and thereafter the matter was posted in Court.
It has been submitted that the petitioner is always ready to keep the wife.
Today also, no body appeared on behalf of the
Patna High Court Cr.Misc. No.5144 of 2017 (5) dt.06-04-2017 2/2 Opposite Party No.2.
From the impugned order, it appears that husband was ready to keep the wife but the wife has refused to live with him.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.976-C of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.