Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3128 of 2020 Arising Out of PS. Case No.-775 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== MANOJ KUMAR, Son of Rangila Baitha, Resident of 12/E Quarter No. 4247, P.S. - Sector No. 12, District - Bokaro (Jharkhand), At present Onkar City Apartment Flat No. 401, P.S. - Barari, District - Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sushma De, Wife of Manoj Kumar, D/O - Ram Sevak De, Permanent Resident of 12/E Quarter No. 4247, P.S. - Sector No. 12, District - Bokaro (Jharkhand), At present Onkar City Apartment Flat No. 401, P.S. - Barari, District - Bhagalpur (Bihar).
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2020 The matter has been taken up through virtual Court proceeding.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504 and 506 of the Indian Penal Code. This is a case under Section 498(A) of the Indian Penal Code. The matter was sent for mediation which could not be convened due to COVID effect.
Considering the chances of settlement of dispute between the parties, let the petitioner, above named, in the event
Patna High Court CR. MISC. No.3128 of 2020(4) dt.03-12-2020 2/3 of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kotwali (Barari) Police Station Case No. 775 of 2019 corresponding to G.R. No. 4087 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The petitioner shall not leave the country without permission of the learned trial court.
The petitioner and opposite party no. 2 shall appear before the learned Court below for amicable settlement of the dispute. If the petitioner would be found cooperative in the proceeding before the learned Court below, the provisional anticipatory bail of the petitioner shall be confirmed by the
Patna High Court CR. MISC. No.3128 of 2020(4) dt.03-12-2020 3/3 learned Court below itself.
Accordingly, this anticipatory bail application stands disposed of.
(Birendra Kumar, J) Kundan/- U T