Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6362 of 2020 Arising Out of PS. Case No.-327 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Pankaj Kumar Singh Son Of Late Ram Kishore Prasad Singh Resident Of Village - Near Nandan Bhawan, Belan Bazar, P.S.- Kashim Bazar, DistrictMunger ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Madhu Kumari Wife Of Pankaj Kumar Singh, D/O - Sri Ram Ranjan Prasad Singh Resident Of -near Nandan Bhawan, Belan Bazar, P.S.- Kashim Bazar, District- Munger. At Present Address- Resident Of Village - Bindwara (katghar Tola), P.S.- Kashim Bazar, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-06-2020 Heard learned counsel for the parties.
Petitioner apprehend his arrest in a case registered for the offence punishable under Sections 323, 341, 504, 498A and 506 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Allegation against the petitioner is of torturing the complainant for her black complexion and also for non fulfillment of demand of dowry along with her in-laws. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has
Patna High Court CR. MISC. No.6362 of 2020(2) dt.18-06-2020 2/3 been further submitted that the complainant always misbehave with the mother of petitioner for which the mother of petitioner has filed Complaint Case No. 336C of 2019 and thereafter this complaint case has been filed by the complainant only to harass the petitioner and his mother. There is general and omnibus allegation against the petitioner. Matrimonial case has been filed by the petitioner seeking divorce with the complainant and thereafter in retaliation this complaint case has been filed. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs.
20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Complaint Case No. 327C of 2019 corresponding to Trial No. 740 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.6362 of 2020(2) dt.18-06-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U