Birendra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3524 of 2017 Arising Out of PS. Case No.-2146 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Birendra Prasad Son of Ram Swarup Bhagat Resident of Village- Ahibaran Chapra, P.S. Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sima Devi daughter of Sathu Bhagat Resident of Village- Ahibaran Chapra, P.S. Rajepur, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. NAND KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Complaint Case No. C-2146 of 2015, disclosing offence under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity. There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the

course of trial.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Birendra Prasad, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 Sub Divisional Judicial Magistrate, (Sadar), East Champaran, at Motihari, in connection with Complaint Case No. C-2146 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

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

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √