Dhananjay Singh @ Dhananjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61328 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== DHANANJAY SINGH @ DHANANJAY Son of Ramautar Singh Resident of Village- Belarpur, P.S.- Mohanpur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reema Devi W/o Dhananjay Singh @ Dhananjay, D/o Ashok Singh Resident of Village- Belalpur, P.S.- Mohanpur, District- Gaya. At present resides at Village- Dewariya, P.S.- Gurua, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Complaint Case No. 14 of 2018 registered under Sections 323 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is ready to live with the complainant with full dignity and care and he is undertaking to go to the place of opposite party no. 2 to take her back in between 15th January, 2020 to 26th January, 2020.

Learned counsel for the opposite party no. 2 is

2/4 present and submits that opposite party no.2 is also ready to go with the petitioner.

Considering the facts and circumstances of the case wherein both the parties are having matrimonial disputes and learned counsel for the parties have contended before this court that they are willing to live together peacefully and for this purpose the petitioner is ready to visit the place of his wife - opposite party no. 2 in between 15th January, 2020 and 26th January, 2020 to bring her back to the matrimonial home where she will be living with this petitioner peacefully and in a fully dignified way of life and learned counsel for opposite party no.2 having accepted the said request of the petitioner submits that on the petitioner visiting the place of the complainant within the aforesaid period the complainant shall definitely accompany him and would start a peaceful life with the petitioner, let the abovenamed petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/-

3/4 (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned J.M. - 1st Class, Sherghati (Gaya), in connection with Complaint Case No. 14/2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. Further condition that in terms of his own undertaking before this court through learned counsel, the petitioner shall visit the place of opposite party no. 2 where she is presently residing in between 15th January, 2020 and 26th January, 2020 and shall bring her back to

4/4 the matrimonial home where she will be allowed to live with full dignity, and in case the petitioner commits breach of this condition, it will be open for the complainant - opposite party no. 2 to take an appropriate steps for cancellation of bail bond of the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T