Prasant Kumar Deepak @ Sonu Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5977 of 2020 Arising Out of PS. Case No.-111 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== PRASANT KUMAR DEEPAK @ SONU DUBEY S/o Late Awadh Narayan Dubey R/o village- Chatiya, P.S.- Malahi, District- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Darshana Priyadarshi W/o Prasant Kumar Deepak, D/o Shivnath Dubey Resident of Balua Chowk, P.O.- Motgihari, P.S.- Motihari (Town), DistrictEast Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra,Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad,APP For the Informant :

Mr.Shashi Bhushan Pandey,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner in the present case is seeking pre-arrest bail in connection with Gobindganj P.S. Case No. 111 of 2019 registered for the offences punishable under Sections 498A, 315, 313, 307, 406, 506, 504, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that he has been falsely implicated in the present case. The informant is residing in the house of the petitioner and the petitioner is serving in a private company at Patliputra Industrial Estate. It is submitted that in fact the informant is living in the house of the petitioner in village, the informant has implicated the petitioner and other family members in the present case. Even the

Patna High Court CR. MISC. No.5977 of 2020(9) dt.23-02-2021 2/3 married nanad and nandosi and their children have been made accused.

Learned counsel further submits that in order to show his bona fide the petitioner is ready to provide even a cash of Rs.4,000/- per month to the informant to enable her to meet her day-to-day expenses.

Learned counsel for the informant has sought instruction and is ready to accept the offer made by the petitioner subject to any order which may be passed in an appropriate proceeding. Having regard to the facts and circumstances of the case and in the nature of the developments which are noticed hereinabove, there being no objection otherwise, let the provisional bail granted to the petitioner vide order dated 28.02.2020 passed in this case in connection with Gobindganj P.S. Case No. 111 of 2019 pending in the court of learned Additional Chief Judicial Magistrate 1st, Motihari, East Champaran be confirmed on the same bail bond, subject to the conditions as laid down under Section 438(2) Cr.P.C i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person 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 from disclosing such facts to the Court or to any police officer;

Patna High Court CR. MISC. No.5977 of 2020(9) dt.23-02-2021 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. confirmed on the same bail bond subject to the conditions.

And further condition that in terms of his assurance the petitioner shall continue to pay Rs.4,000/- per month either in the account of the informant so provided to the petitioner or in the court below by way of a demand draft in favour of the informant by 7th day of every month which will be allowed to be withdrawn by the informant, subject to any order which may be passed in an appropriate proceeding by a competent court.

This application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.