Nikhil Kumar Bharti v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No. 47647 of 2023 (decided 07-03-2024, Rajesh Kumar Verma, J): anticipatory/Section 438 CrPC bail granted to Nikhil Kumar Bharti for Mahila P.S. Case No. 26 of 2022 (Khagaria), offences alleged under S. 498A IPC and S. ¾ of the D.P. Act (dowry demand); bail granted after mediation settlement (mediator's report dated 09.02.2024; parties agreed to live together) and no objection from informant's counsel and APP; release upon arrest/surrender within 30 days on bail bond of Rs. 10,000 with two like sureties to SDJM Khagaria, subject to Section 438(2) CrPC conditions plus trial-attendance, anti-tampering and criminal-antecedent-verification conditions.
What did the court decide?
Anticipatory (pre-arrest) bail: petitioner to be released upon arrest or surrender before the court below within thirty days from receipt of the order, on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Khagaria, subject to Section 438(2) CrPC conditions and the court's additional conditions (trial attendance/co-operation, prohibition on tampering with evidence or witnesses, verification of criminal antecedents without delaying acceptance of bail bonds).