Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23268 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== ROHIT KUMAR S/O LATE UMESH PRASAD @ MUKESH KUMAR R/O Mohalla- Nayee Sarak Town Gaya, P.S- Vishnupad, Distt.- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Vishnupad P.S. Case No. 214 of 2022 dated 14.09.2022 registered for the offence under Sections 498A and 307 of the Indian Penal Code.

The daughter of the informant is subjected to assault and torture on account of non-fulfillment of demand of dowry made by the petitioner and others.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the marriage of the daughter of the

Patna High Court CR. MISC. No.23268 of 2023(2) dt.18-05-2023 2/3 informant was performed with the petitioner on 21.04.2015 and the present case has been lodged after seven years of marriage. He further submits that the allegation, as alleged in the F.IR, is false and fabricated as no such occurrence has taken place. He further submits that as a matter of fact the wife of the petitioner is mentally depressed and for that reason, she herself left her matrimonial house. The petitioner has also get her treated in the hospital at Gaya but she could not get rid of her problem. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 16.11.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Judicial Magistrate-1st Class, Gaya in connection with Vishnupad P.S. Case No. 214 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.23268 of 2023(2) dt.18-05-2023 3/3 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

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) brajesh/- U T