Bipin Kumar Das @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19207 of 2022 Arising Out of PS. Case No.-180 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Bipin Kumar Das @ Bipin Kumar, Son of Dukhi Das @ Dukhi Rabidas Resident of Village - Purna Khaira, P.S.- Khaira, Distt.- Jamui. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Laxmipur P.S. Case No.180/2021 instituted under Sections 354(c) of the Indian Penal Code and 67(A) of the IT Act. As per the allegation in the FIR, the informant earlier negotiated the marriage of daughter with the petitioner herein but taking into account his attitude, withdrew the marriage proposal when they tried to solemnize the marriage with a different person, it is alleged that the petitioner started harassing them and using the photograph of the girl mounted pressure upon them. In the process, it is alleged that Rs.40,000/- was also taken by the family. The last allegation is that he also threatened

Patna High Court CR. MISC. No.19207 of 2022(2) dt.02-08-2022 2/3 to kidnap the daughter of the informant.

Learned counsel for the petitioner submits that the marriage of the said lady has already been solemnized, he is in jail and is ready to abide by any terms and conditions, if enlarged on bail, has no criminal antecedent and is in jail since 03.12.2021 (as stated in para-12 of the bail application). Taking into account the aforesaid facts that the petitioner wants to reform himself, is in jail since 03.12.2021 and charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Laxmipur P.S. Case No.180/2021 to the satisfaction of learned Judicial Magistrate, Ist Class, Jamui, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

Patna High Court CR. MISC. No.19207 of 2022(2) dt.02-08-2022 3/3 (iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall in no way try to contact with the lady, the daughter of the informant who is now happily married and if any further allegation comes against him that he has tried to harass the lady or has done anything to spoil her marriage, the State will be at liberty to take steps to pursue cancellation of his bail.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T