Balmukund Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4792 of 2024 Arising Out of PS. Case No.-335 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== BALMUKUND KUMAR SON OF RAM VINOD PODDAR RESIDENT OF BHAIROKHARA, POLICE STATION - TAJPUR, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ANEETA DEVI WIFE OF BALMUKUND KUMAR DAUGHTER OF ASHOK KUMAR PODDAR, RESIDENT OF MOHALLA - VHAMI COMPOUND, WARD NO.5, POLICE STATION - RAM NAGAR, DISTRICT - WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2024

1. Heard learned Counsel for the petitioner, learned A.P.P. representing the State and learned Counsel appearing on behalf of the Opposite Party No. 2.

2. The petitioner, who is the husband of the opposite party no. 2, has filed the present application for anticipatory bail apprehending his arrest in connection with Complaint Case No. 335 of 2022, for the offence punishable under Section 498A, lodged by the opposite party no. 2.

3. Learned counsel for the petitioner submits that the petitioner is ready for amicable settlement and to keep opposite party no. 2 as his wife with him at his place of

Patna High Court CR. MISC. No.4792 of 2024(2) dt.17-02-2024 2/3 work. The petitioner is working as bank officer in Madhya Pradesh.

4. Learned counsel for the opposite party no. 2 agrees to the proposal of the petitioner and submits that the opposite party no. 2 is ready and willing to live with her husband at his workplace in Madhya Pradesh, provided that the petitioner does not repeat his act of torture and harassment to the opposite party no. 2.

5. Learned counsel for the petitioner submits that within a period of four weeks the petitioner will visit the parental home of the opposite party no. 2, where she is residing and will take her alongwith him to his workplace in Madhya Pradesh.

6. Regards being had to the submissions made by the parties and agreement arrived between the husband and the wife and they are ready and willing to live together, I am inclined to grant the privilege of anticipatory bail to the petitioner, subject to the condition that the petitioner will take his wife alongwith him at his work place in Madhya Pradesh.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest

Patna High Court CR. MISC. No.4792 of 2024(2) dt.17-02-2024 3/3 or surrender before the Court below within four weeks, 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 learned Judicial Magistrate 1st Class, Bagaha, West Champaran, in connection with Complaint Case No. 335 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T