Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42564 of 2014 Arising Out of PS.Case No. -129 Year- 2014 Thana -PARSABAZAR District- PATNA ====================================================== Sanjay Kumar Son of Sri Ram Krishna Singh, Resident of Village- Helhan, P.S.- Paliganj, District- Patna and at present residing at Kurthaul, P.S.- Parsa Bazar, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Ranjan For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-01-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 498(A)/34 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act. It is highlighted that the petitioner happens to be husband of the informant, but he is in judicial custody since 19.07.2014, excepting the period of provisional bail for two weeks granted by a Bench of this Court.

Considering the period of incarceration, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna, in connection with Parsa Bazar P.S. Case No. 129 of 2014, subject to the conditions that: (A) One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner,

Patna High Court Cr.Misc. No.42564 of 2014 (4) dt.21-01-2015 2/2 (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T