Dhanjeet Upadhyay @ Sonu Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78357 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- MAHILA PS District- Buxar ====================================================== Dhanjeet Upadhyay @ Sonu Upadhyay Son of Baikunth Upadhyay, Permanent Resident of Village- Khakhrahi, Police Station- Itarhi, DistrictBuxar. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Parijat Saurav, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Buxar Mahila P.S. Case No. 41 of 2018 registered for the offences punishable under Sections 341, 323, 498A, 406, 504, 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the matter has been amicably settled between the petitioner and informant and both are residing together with peace and harmony. The settlement information petition has been filed in the court below.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.78357 of 2019(2) dt.02-12-2019 2/3 bail.

Considering the facts and circumstances of this case, wherein it is the submission of learned counsel for the petitioner that the petitioner and his wife have amicably resolved their dispute and in this connection reliance has been placed on the compromise recorded and filed in the court below vide Annexure '2' series and it is his case that both are now living together.

In the given facts and circumstances, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Buxar Mahila P.S. Case No. 41 of 2018, subject to the 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

Patna High Court CR. MISC. No.78357 of 2019(2) dt.02-12-2019 3/3 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. And subject to further condition that at the time of submission of his surrender-cum-release application in the court below, his wife shall give a no objection on that petition and on being satisfied with the same the release order shall be issued. (Rajeev Ranjan Prasad, J) vats/ved U T