Gajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28297 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

GAJENDRA KUMAR, S/o Late Nandan Singh R/o village- Keyal, P.S.- Karpi, District- Arwal.

2.

Meera Devi W/o Gajendra Kumar R/o village- Keyal, P.S.- Karpi, DistrictArwal. 3.

Shashank Shekhar S/o Gajendra Kumar, R/o village- Keyal, P.S.- Karpi, District- Arwal.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 15-06-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 342, 323, 504, 506, 498(A), 313 and 379/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. Informant has alleged in her written complaint that she was married with Mayank Kumar on 05.05.2015 and from said wedlock a daughter was also born, however, after marriage she was being tortured for non-fulfillment of demand of one Scorpio and Rs. 25000/- per month.

Patna High Court CR. MISC. No. 28297 of 2021(2) dt.15-06-2021 2/3 It has been submitted on behalf of petitioners that they are father-in-law, mother-in-law and brother-in-law of the informant and they reside separately and not related with the day to day affairs of family of Mayank Kumar or the informant. Petitioner no. 1 has one criminal antecedent and petitioner nos. 2 and 3 have no criminal antecedents.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioners are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and their

Patna High Court CR. MISC. No. 28297 of 2021(2) dt.15-06-2021 3/3 absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

(3) If petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Rajiv/veenaU T