Sant Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86899 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- MASHRAK District- Saran ====================================================== Sant Kumar Thakur, Son of Hiralal Thakur Resident of Village- Gangauli, P.S.- Mashrakh, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Usha Kumari, W/o Sant Kumar Thakur, D/o Chandrama Thakur, Resident of Village- Gangauli, P.S.- Mashrakh, District- Saran at Chapra. At presentresident of Village- Bahrauli, P.S.- Mahrakh, District- Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, who is the husband, is apprehending his arrest in connection with Mashrakh P.S. Case No.256/19 registered for the offence punishable under Sections 323, 379, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is willing and ready to keep his wife with all honour and dignity, but the O.P. No.2 is unwilling to live with him. Considering the aforementioned submissions made by the petitioner, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.86899 of 2019(2) dt.24-01-2020 2/2 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 learned Additional Chief Judicial MagistrateVI, Saran at Chapra, in connection with Mashrakh P.S. Case No.256/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is, however, made clear that if there is recurrence of any such incidence or untoward act which will cause prejudice or mental torture to the opposite party no.2, it shall be open to her to seek appropriate remedy in accordance with law, including cancellation of the present order of bail. (Anjana Mishra, J) PNM U T