Ratnesh Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6372 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6372 of 2018 Arising Out of PS.Case No. -65 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Ratnesh Rai S/o Kapleshwar Rai, resident of Village- Amana, P.S. Sursand, District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar

2. Babita Devi D/o Harihar Rai, resident of Village- Kurthahiya, P.S. Bajpatti, District- Sitamarhi.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Virendra Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.11.2017 in connection with Complaint Case No. C1-65 of 2016 for the offences alleged under Sections 498A, 323, 504 of the Indian Penal Code.

3. It is submitted that the petitioner who happens to be the husband of the complainant, has been falsely implicated and this is the first complaint of this nature in the 13 years of marriage solemnized in the year 2003. It is submitted that the petitioner is ready to keep the complainant and children properly.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 22.11.2017, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.6372 of 2018 (2) dt.01-02-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Complaint Case No. C1-65 of 2016, on the following 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/- U T