Gautam Gyanesh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35177 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -MAHILA P.S. District- NAWADA ====================================================== Gautam Gyanesh, son of Raman Kumar Srivastava, resident of Mohalla Nirala Nagar, Gaushala Road, P.S. Mithunpura, District Muzaffarpur, present residing at Life Insurance of India Corporation, Jehanabad Baranch, District-Jehanabad .... .... Petitioner/s

Versus

1. State of Bihar

2. Smt. Alka Jain, wife of Gautam Gyanesh, Resident of VIP Colony, P.S. Town Nawada, District-Nawda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikas Ratan Bharti For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nawada Mahila P.S.Case N0. 15 of 2017, disclosing offences under Sections 498A,341,323,379 and 504 of the Indian Penal Code.

The petitioner is the husband of the informant. Learned counsel for the petitioner has submitted that inasmuch as 11 criminal cases have been registered against the petitioner by his wife, the informant, details of which have been given in paragraph 3 of the application. Apart from these cases, a divorce suit is pending. He also submits that petitioner is paying maintenance under the orders passed in maintenance case. It appears from the materials on record that matrimonial dispute is the reason

Patna High Court Cr.Misc. No.35177 of 2017 (3) dt.22-08-2017 2/2 behind lodging of the case.

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 Chief Judicial Magistrate, Nawada in Nawada Mahila Thana P.S Case No. 15 of 2017, 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