Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68595 of 2023 Arising Out of PS. Case No.-1287 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== GAUTAM KUMAR S/O JAY NARAYAN THAKUR R/O VILLAGEMADHAUL, P.S- KUDHANI (TURKI O.P.), DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

JYOTI KUMARI D/O RAMPROMOD MISHRA, W/O GAUTAM KUMAR R/O VILLAGE- JAGDISHPUR BAGHNAGARI, P.S- SAKARA, DISTT.- MUZAFFARPUR.

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate.

For the State :

Ms. Sangeeta Sharma, APP For the O.P. No. 2 :

Mr. Hari Kishore Thakur, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-02-2024 Heard Mr. Yashraj Bardhan, Ld. counsel for the petitioner as well as Ms. Sangeeta Sharma, Ld. APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1287 of 2022 dated 31.08.2023 registered for the offence punishable under Sections 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Ld. counsel for the petitioner as well as Ld. counsel for the Opposite Party No. 2 informed the Court that the dispute between the husband/petitioner and the Opposite Party

Patna High Court CR. MISC. No.68595 of 2023(3) dt.27-02-2024 2/3 No.2 (wife) has been settled on account of Mediation. Ld. counsel for the Opposite Party No. 2 (wife) has no objection if the petitioner is enlarged on bail.

4. Considering the aforesaid facts and circumstances of the case, this application is allowed, directing the petitioner, above-named, to be enlarged on anticipatory bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. S.D.J.M. (West), Muzaffarpur, in connection with Complaint Case No. 1287 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has given wrong statement regarding his criminal antecedents, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,

Patna High Court CR. MISC. No.68595 of 2023(3) dt.27-02-2024 3/3 Ld. court below shall cancel the bail bond of the petitioner. (Jitendra Kumar, J) S.Ali/- U T