Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19184 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- AKBARPUR DistrictNawada ====================================================== 1.
Pankaj Kumar aged about 22 years, male, Son of Dhaneshwar Yadav Resident of Village - Jogna Par, P.S. - Akbarpur, District - Nawada 2.
Bindeshwari Devi aged about 40 years, female, Wife of Dhaneshwar Yadav Resident of Village - Jogna Par, P.S. - Akbarpur, District - Nawada ... ... Petitioners
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sheo Kumar Prasad, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 323, 498(A), 307, 379, 504 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Akbarpur P.S. Case No. 234 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of ongoing dispute with regard to partition. The petitioners are the brother-in-law and mother-inlaw of the informant. The accusations against the petitioners are general and omnibus and no specific injury has been assigned individually. In any event the injury is simple in nature. This is the first such allegation in the two years since the informant was married. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from
Patna High Court CR. MISC. No.19184 of 2019(2) dt.29-03-2019 2/2 the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 234 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 1 shall remain physically present and petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.