Patna High CourtCR. MISC./19029/2017bail granted

Pappu Kumar v. State Of Bihar And ANR

2017-07-13Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19029 of 2017 Arising Out of PS.Case No. -231 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Pappu Kumar Son of Shri Krishna Prasad, Resident of VillageSuhawanpur, Police Station- Islampur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Reena Kumari, Wife of Pappu Kumar and Daughter of Shri Raut, resident of Mohalla- Lakhanpura, P.S. Civil Lines, District Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite service of notice on Opposite Party No. 2, there is no representation on her behalf.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 231 of 2015, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner is the husband of the informantOpposite 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

Patna High Court Cr.Misc. No.19029 of 2017 (4) dt.13-07-2017 2/3 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 investigation or trial.

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 submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Pappu Kumar, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gaya, in connection with Complaint Case No. 231 of 2015, 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 shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his

Patna High Court Cr.Misc. No.19029 of 2017 (4) dt.13-07-2017 3/3 bail bond shall be liable to be cancelled.

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