Santosh Kumar @ Kamal Nayan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65649 of 2023 Arising Out of PS. Case No.-693 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== SANTOSH KUMAR @ KAMAL NAYAN Son of Janardan Singh R/o vill - Pasai, P.s. - Nardiganj, Distt. - Nawadah ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Rocky Kumari Wife of Santosh Kumar @ Kamal Nayan, D/o Jai Kant Singh R/o vill - Sarkati, P.S. - Kashichak, Dist. - Nawada at present Resident of Mohalla East Lohanipur near Devi Asthan Railway Hanter Road, P.S. - Kadamkuan, Dist. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Mrs. Sucheta Yadav, APP For the informant :
Mr. Ashok Kumar Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-11-2024 Heard Mr. Ram Prawesh Kumar, learned Counsel for the petitioner and Mr. Ashok Kumar Mishra representing the informant as also Mrs. Sucheta Yadav, learned APP.
2. The petitioner apprehends his arrest in connection with Kadamkuan P.S. Case No. 693 of 2022 for the offence registered under sections 498A and 34 lodged on 01.12.2022 by the informant Rocky Kumari.
3. Though allegations are there, with the efforts of both the learned counsels representing the petitioner as also the informant for which they need word of appreciation from this Court, not only the couple visited the doctor, the news has come
Patna High Court CR. MISC. No.65649 of 2023(8) dt.22-11-2024 2/3 that the lady is pregnant and is expecting a child in next six months.
4. This Court is happy that the couple has removed all the differences between them and are now living happily. Any problem if the lady has, she is well-advised to approach the appropriate court of law for the redressal of her grievance.
5. On this note, the bail application of the petitioner stands allowed.
6. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna in connection with Kadamkuan P.S. Case No. 693 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.65649 of 2023(8) dt.22-11-2024 3/3 bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T