Nand Kishore Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Nand Kishore Patel S/o Shri Minketan Patel Aged About 30 Years R/o. Village - Bhedwan, Thana And Tehsil- Sarangarh, Civil And Revenue Distt.- Raigarh (Chhattisgarh) At Present Residence Of Sector-4 Bhilai Steel Plant Bhilai, Distt.- Durg (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station- Chakradhar Nagar, Distt.- Raigarh (Chhattisgarh) ---- Respondent For Applicant Mr. Sunil Sahu, Advocate For Respondent /State Mr. Ashutosh Mishra, Panel Lawyer For Respondent /Objector Mr. Sanjay Agrawal, Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 1/3/2021

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.351/2020 registered at Police Station Chakradhar Nagar, District Raigarh for the offence punishable under Sections 498-A/34 of the IPC.

3. The applicant, a Public Servant, working in the Bhilai Steel Plant

was married with the complainant on 25.2.2018. As per the FIR lodged on 28.11.2020, the complainant was subjected to mental and physical cruelty by demanding Rs. 5 lakhs, which her father had transferred in her account immediately after the marriage.

4. Learned counsel for the State as well as learned counsel for the Objector would oppose the prayer for grant of anticipatory bail , however, learned counsel for the Objector would submit that the complainant is still ready to settle the matter and live with the applicant.

5. Considering the nature of allegations sensing possibility of settlement between the parties, I am of the opinion that present is a fit case to extend the benefit of Section 438 of Cr.P.C. to the applicant.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting OfÏcer with the following conditions :- (i) he shall make himself available for interrogation by a Police OfÏcer as and when required;

(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the

Court or to any Police OfÏcer.

(iii) he shall not influence the witnesses during pendency of the trial.

Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna