Ranjan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13940 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Ranjan Kumar Sah Son Of Shankar Prasad Sah R/O Village- Shaktinagar, P.S.- K. Hat, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pushpa Kumari W/O- Ranjan Kumar Sah, D/O- Late Madhav Narayan Das At Preent Bikahnagar, P.S.- K. Hat (MARANGA), District- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

According to the prosecution case, all the named accused persons including the petitioner being husband of the complainant started torturing her mentally and physically for non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.13940 of 2022(3) dt.06-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation alleged in the F.I.R. is false and fabricated. He further submits that vide order dated 01.09.2022, the matter was referred to the Patna High Court Mediation Center for settlement of disputes between the parties. He further submits that the report dated 15.11.2022, the learned Mediator reveals that the disputes between the parties have been resolved through the process of mediation.

The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No. 502 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

Patna High Court CR. MISC. No.13940 of 2022(3) dt.06-12-2022 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T