Pawan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24605 of 2017 Arising Out of PS.Case No. -321 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Pawan Kumar, Son of Sri Umeshwar Yadav, resident of Village- Shardha Chapra, Police Station- Rani Talab, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Khushboo Devi, Wife of Sri Pawan Kumar, resident of Village- Shardha Chapra, Police Station- Rani Talab District- Patna, at present VillageRaghunathpur, Police Station- Khirhi More, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s : Mr. Brajendra Nath Pandey ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 321(C) of 2016, disclosing offences under Section 498A and 354/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner is the husband of the opposite party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.24605 of 2017 (3) dt.10-08-2017 2/3 petitioner is ready to keep opposite party No. 2 with full love and dignity.

There is no reason for this Court to feel that if the petitioner granted the privilege of anticipatory bail, he shall flee from the course of investigation or trial. It is submitted on behalf of the petitioner that the petitioner shall present himself before the police, as and when required, and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Danapur, in connection with Complaint Case No. 321(C) of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner

Patna High Court Cr.Misc. No.24605 of 2017 (3) dt.10-08-2017 3/3 shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T