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Patna High CourtCR. MISC./76212/2019allowed

Shyam Kumar @ Bhola Kumar @ Shyam Patel @ Bhola v. The State Of Bihar

2020-03-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76212 of 2019 Arising Out of PS. Case No.-1299 Year-2009 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

SHYAM KUMAR @ BHOLA KUMAR @ SHYAM PATEL @ BHOLA Son of Late Mahanth Patel Resident of Village- Tadhwanandpur, TolaBargachhiya, P.S.- Bairiya, District- West Champaran. 2.

Neelam Devi W/o Shyam Patel @ Shyam Kumar @ Bhola @ Bhola Kumar Resident of Village- Tadhwanandpur, Tola, Bargachhiya, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shobha Devi W/o Shyam Kumar @ Bhola Kumar @ Shyam Patel, Daughter of Asrafi Prasad Resident of Village- Sansaraiya, P.S.- Bettiah Muffasil, District- West Champaran.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and the State as well as informant.

The petitioners are apprehending arrest in connection with Complaint Case No. 1299 of 2009 (SC No. 326 of 2016) for the offence under Sections 498A of the Indian Penal Code and Sections 3/4 of the D.P. Act.

Learned counsel for the petitioners submits that the marriage of petitioner no.1 took place on 06.06.2003 and the complaint case was lodged on 15.06.2009. He further submits that with the intervention of well wisher, the parties have settled

Patna High Court CR. MISC. No.76212 of 2019(4) dt.06-03-2020 2/2 their dispute and they have compromised the matter. Considering the aforesaid development, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., West Champaran, Bettiah in connection with Complaint Case No. 1299 of 2009 (SC No. 326 of 2016) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In order to promote normalcy in the conjugal life of the petitioner and the opposite party no.2, it would be appropriate that the opposite party no.2 may be taken as bailors in this case.

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