Ram Pravesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78221 of 2018 Arising Out of PS. Case No.-674 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Ram Pravesh Prasad S/o Kapil Prasad Resident of Village-Banarasi Bigha,Police Station-Islampur Distt.-Nalanda ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Mantu Devi W/o Ram Pravesh Prasad d/o Late Muneshwar Prasad Resident of Village-Banarasi Bigha,Police Station-Islampur,Distt.-Nalanda,at present R/o Village-Chandanpura,Police Station-Islampur,Distt.-Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Complaint Case No.674C of 2015 registered for the offence punishable under Sections 341, 323, 498(A), 494 and 307 of the Indian Penal Code but cognizance has been taken under Section 341, 323, 498(A) and 504 of the Indian Penal Code.

Complainant who is the wife of petitioner has alleged that petitioner along with other co-accused tortured and ousted her from her matrimonial house.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no specific allegation against petitioner and allegations are

Patna High Court Cr.Misc. No.78221 of 2018(2) dt.16-01-2019 2/2 general and omnibus in nature. He is ready to keep the complainant with full dignity and honour but she is not ready to live with him. He is in custody since 05.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-III, Hilsa (Nalanda), in connection with Compalint Case No.674C of 2015, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner 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 petitioner. (S. Kumar, J) ranjan/- U T