Anup Kumar Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78119 of 2019 Arising Out of PS. Case No.-4446 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Anup Kumar Kashyap, S/o Virendra Kumar Kashyap, Resident of Ram Dulari Vatika, Flat No.306 (3rd floor), Kusumpuram, East Gola Road, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Isha Malhotra, W/o Anup Kumar Kashyap and Daughter of Raj Narayan Rakesh, Resident of Village-Bahadurpur, P.O. and P.S.- Phulwarisharif, District- Patna.

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Complaint Case No.4446(C) of 2018 registered for the offence punishable under Sections 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is ready and willing to restore marital relationship with his wife and that there shall be no such act which may occasion any mental torture to the O.P. No.2. It is further submitted that the entire family has been roped in with false and

Patna High Court CR. MISC. No.78119 of 2019(2) dt.03-12-2019 2/2 frivolous charges. However, the petitioner shall do his best to restore the normal marital relationship.

Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the Sub-divisional Judicial Magistrate, Patna, in connection with Complaint Case No.4446(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is, however, made clear that in case there shall be any recurrence of any such act which may cause mental torture to the O.P. No.2, it shall be open to her for seeking appropriate remedy, including cancellation of bail.

(Anjana Mishra, J) PNM U T