Shanti Bhushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85122 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA P.S. District- Sitamarhi ====================================================== SHANTI BHUSHAN PRASAD Son of Sri Satya Narayan Sah Resident of Village- Dilawarpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Soni Kumari Wife of Shanti Bhushan Prasad Resident of Village- Dilwarpur, P.S.- Bahadurpur, District- Darbhanga. At present resident of Mohammadpur, P.S.- Baaspard, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sitamadhi Mahila P.S. Case No. 23 of 2019 for the offence punishable under Sections 341, 498A, 504 and 506 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be husband and being aggrieved by the act of the informant, he filed a Matrimonial (Divorce) Case No. 87 of 2014, which is evident from Annexure-2. Further the petitioner has also filed an Informatory petition for cruelty and misbehavior of the

Patna High Court CR. MISC. No.85122 of 2019(3) dt.29-01-2020 2/2 informant stating that the informant is threatening that she will implicate him in a false case, which is evident from Annexure-3. It is further submitted that the parties have entered into an agreement for dissolution of marriage between them for which Rs. 5 Lakh by way of cheque, has been given to the informant by the petitioner and now nothing remains between them for which the petitioner be prosecuted in the case in which amicable settlement has already been done. Hence, the petitioner may be granted the privilege of anticipatory bail.

Learned counsel appearing for the O.P. No.2 has opposed the prayer for bail and submitted that the informant is ready to live with the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of 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 the learned C.J.M., Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 23 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T