Pradeep Rai @ Biltu @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35272 of 2017 Arising Out of PS.Case No. -228 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Pradeep Rai @ Biltu @ Bittu Son of Ram Ayodhya Singh, R/o VillageBadheyan, P.S.- Ekma, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of G.B.Nagar/Mahrajganj P.S. Case No. 228 of 2015, disclosing offence under Sections 498A, 406/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Petitioner is the husband of the complainant. Learned counsel appearing on behalf of the informant has submitted that considering the criminal antecedent, which the petitioner has, he should not be allowed privilege of anticipatory bail. However, what appears from the materials on record that it is matrimonial discord between them, which is the reason for lodging of the First Information Report. No purpose will be served, if the petitioner is taken into custody.

It is submitted 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/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Siwan, in Mahrajganj/G.B.Nagar P.S. case No. 228 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U