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Patna High CourtCR. MISC./1016/2017allowed

Kishor Kumar Ram v. State Of Bihar And ANR

2017-04-17Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1016 of 2017 Arising Out of PS.Case No. -502 Year- 2011 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Kishor Kumar Ram, son of Dhaman @ Dhaman Ram resident of Jangara Tola (Nonia Bigha( P.S.- Tilauthu, District- Rohtas. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.502 of 2011 registered for offences punishable under Sections498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation against the petitioner is for offences under Section 498A of the Indian Penal Code and the cognizance has also been taken and there is allegation also of subjecting O.P.No.2 of cruelty and harassing. He has annexed Anneuxre-2 with this petition, which is a certified issued by the 'Sarpanch' of the village of the Opposite Party No.2 that shows that she had married with another person during the pendency of the case. Notice was issued earlier to O.P.No.2, which was received by the father of O.P.No.2 but they are not appearing in this case.

Patna High Court Cr.Misc. No.1016 of 2017 (3) dt.17-04-2017 2/3 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of submission of the learned counsel for the petitioner, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bikramganj (Rohtas) in connection within Complaint Case No.502 of 2011, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.1016 of 2017 (3) dt.17-04-2017 3/3 U