IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37459 of 2009 NARENDRA KUMAR BHAGAT, SON OF LATE RAMDEO BHAGAT, RESIDENT OF VILLAGE-TALKHAPUR, P.S. DUMRA, DISTRICT-SITAMARHI…………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. MANJU SAHU, WIFE OF NARENDRA KUMAR BHAGAT, DAUGHTER OF RAM CHARITRA SAHU, RESIDENT OF VILLAGE-OLIPUR, P.S. RUNNI SAIDPUR, DISTRICT-SITAMARHI, AT PRESENT RESIDING OF BELA ROAD, P.S. MITHANPURA, DISTRICT-MUZAFFARPUR. ………………………………………OPPOSITE PARTIES. ---------- For the Petitioner: Mr. Sunil Kumar Verma, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. ------- 4. 23.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 323, 406, 384, 498-‘A’ and 504 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act. On earlier occasion, notice was issued upon the opposite party no.2, however, in spite of service of notice, she has not appeared. It has been submitted on behalf of the petitioner - 2 - that he has falsely been implicated in this case and earlier another case was filed, which was compromised, however, the wife was not desirous to live with the petitioner and again the present complaint case has been filed. It has also been submitted that in the court below also, the petitioner had expressed his desire to live with his wife but there had been refusal on the part of the complainant. The petitioner is stated to be in custody since 17.6.2009. Having regard to the facts and the circumstances of the case and the fact that the petitioner has already remained in custody since 17.6.2009, the petitioner, Narendra Kumar Bhagat, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate (East), Muzaffarpur, in connection with Complaint Case No.2439/02 corresponding to Trial No.321/09, with a further condition that the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial in the court below without any - 3 - reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)