Amit Kumar Rishi @ Amit Kumar @ Amit Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9054 of 2019 Arising Out of PS. Case No.-252 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== AMIT KUMAR RISHI @ AMIT KUMAR @ AMIT RISHI Son of Nand Lal Rishi @ Nanda Lal Rishi Resident of Village- Chhitabari, P.S.- Muffasil, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kiran Sinha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 306/34 IPC registered in connection with Muffasil P.S. Case No. 252/2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, there is love affair between the deceased and co-accused Ram Balak Rishi, which was being opposed by the parents of the deceased. It is further submitted that even according to the averments in the FIR, the ingredients of the offence alleged are not made out against the petitioner as the highest accusation is that the petitioner along with other co-accused were putting pressure on the deceased to get married. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Katihar, in connection with Muffasil P.S. Case No. 252/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court Cr.Misc. No.9054 of 2019(2) dt.15-02-2019 2/2 also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/- (Vikash Jain, J) U