Santosh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82500 of 2019 Arising Out of PS. Case No.-20192 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== SANTOSH KUSHWAHA S/o Raj Kishore Bhagat Resident of VillageKukurbhukka, Post- Chakarwa, P.S.- Bhore, District- Gopalganj. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi W/o Santosh Kushwaha Resident of Village- Kukurbhukka, Post- Chakarwa, P.S.- Bhore, Distt- Gopalganj, presently residing as daughter of Nathuni Kushwaha, Village- Hussepur, P.S.- Bhore, DistrictGopalganj. ... ... Opposite Partiess ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 20192 of 2016 for the offence punishable under Section 498Aof the Indian Penal Code.

The petitioner is the husband of the complainantopposite party No.2. Despite service of notice upon opposite party No.2, she has not entered appearance.

Learned counsel for the petitioner has submitted that it is the matrimonial dispute between the petitioner and the opposite party No.2 that has led to lodging of the complaint case. It has been stated in paragraph 9 of the application that the petitioner is ready to live with opposite party No.2 with full

Patna High Court CR. MISC. No.82500 of 2019(3) dt.17-06-2020 2/2 dignity and honour.

Be that as it may, considering the nature of allegation in the complaint petition, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 learned A.C.J.M.-XII, Gopalganj, in Complaint Case No. 20192 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T