Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59123 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Kamlesh Kumar Son of Rama Shankar Ram Resident of Village - Dullahpur, Harnathpur, P.S.- Mohania, Distt - Kaimur (Bhabua.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smita Kumari Wife of Kamlesh Kumar, D/o Babu Lal Ram Resident of Village - Nuaon, P.S.- Durgawati, Distt - Kaimur (Bhabua). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. As well as counsel of the informant.

Petitioner is apprehending arrest in connection with Mahila (Bhabua) P.S. Case No. 57 of 2019 for the offence under section 498A, 341, 323, 506, 313/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

The matter was referred to the mediation centre for settlement of the dispute between the petitioner and the opposite party no.2.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.59123 of 2019(6) dt.12-06-2020 2/2 petitioner is ready to keep his wife with full honour and dignity. Learned counsel for the opposite party no.2 submits that opposite party no.2 is also ready to reside with the petitioner.

Considering the aforesaid, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kaimur (Bhabua), in connection with Mahila (Bhabua) P.S. Case No. 57 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that the petitioner will take his wife (opposite party no.2) to the matrimonial home and will keep her with full honour and dignity.

(Anil Kumar Upadhyay, J) Ravi/- U T