Durgesh Pandey @ Sudhanshu Kumar @ Sudhanshu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74613 of 2019 Arising Out of PS. Case No.-399 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== DURGESH PANDEY @ SUDHANSHU KUMAR @ SUDHANSHU KUMAR PANDEY Son of Jaishankar Pandey, Resident of Village - Bartara, P.S.- Ramgarh, District - Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mosomat Dezi Kumari Daughter of Karyanand Pandey, resident of village - Kaiyar, P.S.- Sikandra, District - Jamui.

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.399C/2019 registered for offence punishable under sections 498A, 323, 504, 406/34 and 419 of the Indian Penal Code and section 3/4 of the Prevention of Witch (Daain) Practices, Act.

The complainant is a widow and allegation has been against the petitioner that he has coerced her to establish the physical relationship illegally and further in the petition allegation has been made against the family members of the petitioner to have tortured the complainant.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.74613 of 2019(2) dt.20-11-2019 2/2 the order of court below itself shows that the father-in-law of the complainant approached her father suggesting for the second marriage of the complainant and says, he will help the father of the complainant financially for arranging the marriage of the complainant.

In such view of the matter, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Jamui in connection with Complaint Case No.399C/2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T