Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26334 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== SUJIT KUMAR Son of Pappu Prasad R/o mohalla - Bauli More, P.S.- Khajekala, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 04.12.2022 in connection with Khajekala P.S. Case No.208/2022, F.I.R. dated 12.07.2022, for the offences punishable under Sections 498A and 504 of the IPC & subsequently, Section 306, 201 and 506/34 of the IPC were added.

According to prosecution case, due to the bad behaviour of her husband (petitioner) and her mother-in-law (mother of the petitioner), the daughter of the informant (deceased) is said to have committed suicide by hanging herself. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.26334 of 2023(2) dt.23-05-2023 2/3 implicated in the present case as the petitioner is husband of the deceased. He further submits that initially the petitioner was not an accused in the F.I.R. but during investigation, the name of the petitioner has been transpired. He further submits that it appears from the F.I.R. itself that the informant has stated that her daughter has committed suicide and there is no allegation of any assault or overt act is attributed against the petitioner and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 04.12.2022. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Sri Vivek Kumar, J.M. 1st Class, Patna City in connection with Khajekala P.S. Case No. 208/2022, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.26334 of 2023(2) dt.23-05-2023 3/3 reason, his bail bond shall be cancelled 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.

3. 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) amit/- U T