Rajesh Ravidas v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7171 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Rajesh Ravidas, son of Rana Ravidas, r/o Village Mandachh, P.S. Deepnagar, District Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Babita Devi, wife of Rajesh Ravidas, D/o Subelal Ravidas, r/o Villge Mandachha, P.S. Deepnagar, District Nalanda, at present r/o Village Masidpur, P.S. Asthawan, District Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 This is an application for grant of anticipatory bail in connection with Deepnagar P.S. Case No. 208 of 2018, disclosing offences under Sections 498(A), 307, 379/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. In this case earlier, steps for fresh service of notice directed to be taken to the petitioner and the notice has already been issued and from the office note disclosed that service report of ordinary notice has not been received as yet and the undelivered registered cover notice returned with a report, which is not legible.

Allegation against the petitioner as per the complaint petition, which was registered later on, as a police case that for demand of a motorcycle and colour T.V., they subjected the

Patna High Court CR. MISC. No.7171 of 2019(4) dt.17-07-2019 2/3 complainant to torture and harassment. It has also been alleged that due to carelessness of the petitioner, his both sons died after birth. Further allegation is that petitioner and other accused persons tried to kill her.

Submission of the learned counsel for the petitioner is that notices were issued as per the direction of the Court at the address given by the complainant that has also been returned and no specific allegation has been attributed against him. He is still ready to keep her with dignity and care. Heard learned A.P.P. also.

From perusal of the record, it appears that earlier notice was issued to the opposite party no.2 vide order dated 08.02.2019 and again the notice was issued but as the same was returned that she is not residing on that address. Again vide order dated 15.04.2019 notice was issued to the opposite party no.2 at the address given in the complaint petition, but the office note disclosed that service report of ordinary notice has not been received and undelivered registered cover returned. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 26.07.2019 and on surrender, he will be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.7171 of 2019(4) dt.17-07-2019 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 208 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if the opposite party no.2 is ready to reside with the petitioner, he will keep her with dignity and care, otherwise the opposite party no.2 is at liberty to move for cancellation of the bail bonds of the petitioner before the court below itself.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T