Ram Nath Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5956 of 2018 Arising Out of PS.Case No. -532 Year- 2016 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Ram Nath Rai, S/o Ram Pukar Rai, R/o Village- Karuna, P.S.- Harlakhi, District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Soni Devi, W/o Ram Nath Rai, D/o Shrilal Rai, R/o Village- Mehatar Patti, P.s.- Basopatti, District- Madhubani.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Prakash, Advocate For the State : Mr. Uday Pratap Singh, APP For the Informant : Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.472/2016(C.I.S.)/532/2016 (C.R.), registered for the offence punishable under Sections 323, 307, 379, 504, 427 and 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is ready to keep opposite party no.2 and a statement to this effect has been made in paragraph no.12 of this application. Opposite party no.2 has entered appearance through her advocate, who submits that opposite party no.2 is also ready to live with her husband i.e. petitioner.

Patna High Court Cr.Misc. No.5956 of 2018 (2) dt.02-02-2018 2/2 In such view of the matter, let the petitioner, namely, Ram Nath Rai, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Madhubani, in connection with Complaint Case No.472/2016 (C.I.S.)/532/2016 (C.R.), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Both the sides are directed to remain physically present before the Court below on 26.02.2018 and petitioner will take his wife with the permission of the Court below. It is made clear that the petitioner will keep opposite party no.2 without any mental or body harm and keep her with dignity and security. It is also made clear that if the petitioner would fail to take his wife from the Court below, the present order granting bail to the petitioner will be treated to have been withdrawn and the Police will take action in accordance with law.

(Shivaji Pandey, J) pawan/- U T