IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40129 of 2010
1. MADAN PANDIT
2. SANJAY PANDIT
Versus
STATE OF BIHAR & ANR
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2 09-11-2010 Heard learned counsel for the petitioners and
learned counsel for the State.
Petitioner no.1 is husband of the victim lady in
this case u/s 498A of the IPC. Petitioner no.2 is younger
brother of petitioner no.1.
After considering the allegations in the
complaint petition and finding that petitioner no.2 is only
a junior member of the family without any specific
allegations, his prayer for anticipatory bail is allowed.
Let the petitioner no.2, namely, Sanjay Pandit
in the event of his arrest/surrender within a period of six
weeks from today be released on bail on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two
sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Gaya in connection with
complaint case No. 620/08, subject to condition as laid
down under section 438(2) of the Code of Criminal
Procedure.
2
Petitioner no.1 as a husband has much larger
responsibility to ensure that wife is kept comfortably
without any fear. Considering the allegations meted to
the complainant in her matrimonial house, prayer of
petitioner no.1 for anticipatory bail is rejected.
This order shall not prejudice the case of
petitioner no.1 for regular bail.
If the petitioner no.1, Madan Pandit surrenders
before the court below, i.e., Chief Judicial Magistrate,
Gaya in connection with complaint case No. 620/08
within ten weeks and satisfies the court that his
differences with complainant have been sorted out and
compromised, in that event petitioner no.1 shall be
allowed bail on the date of surrender itself.
For ten weeks no coercive step shall be taken
against petitioner no.1.
(Shiva Kirti Singh, J.)
BKS/-