Patna High CourtCR. MISC./46255/2017allowed

Bharat Malakar v. The State Of Bihar And ORS

2017-11-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46255 of 2017 Arising Out of PS.Case No. -322 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Bharat Malakar Son of Jata Shankar Malakar, R/o Village- Durgapur, P.S.- Muffasil, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Hare Ram malakar Son of Late Deep Narayan Malakar,

3. Soni Kumari d/o Hare Ram Malakar, Both Opposite Party No.2 and 3 are R/o Village- Khagha, P.S.- Mirganj, District- Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 322C/2016, disclosing offences under Section 498A of the Indian Penal Code.

It is evident from the records that matrimonial dispute between the petitioner and Opposite Party no. 3 is the reason behind lodging of the complaint case. No tangible purpose will be served, if the petitioner is taken into custody. Learned counsel for the petitioner submits that he is ready to keep the Opposite Party No. 3 with full love and dignity. There is no reason for this Court to feel that if granted

Patna High Court Cr.Misc. No.46255 of 2017 (2) dt.07-11-2017 2/2 anticipatory bail, the petitioner shall flee from the course of trial. It is submitted that the petitioner shall present himself before the Court 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 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 Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 322C/2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) Vinita/- U T