Pravin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25978 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- BYPASS District- Patna ====================================================== PRAVIN KUMAR YADAV Son of Rajendra Prasad Resident of Village - Bahri Begampur Sati Chaura Madaipur, P.S.- Bypass, Distt.- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Babli Kumari D/o Bablu Kumar Ray Resident of Village - Chitkohra, Raghunath Tola, P.S.- Gardanibag, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Kishor Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 324, 323, 379, 504, 506, 498(A), 34 IPC and Section 3 and 4 of the D.P.Act registered in connection with Bye-pass P.S. Case No. 28/2019.

3. It is submitted that the petitioner who happens to be the husband of the informant has been falsely implicated and the parties have already have a nine months old child. This is the first complaint of its nature since the parties were married in 2017. It is submitted that the present FIR has been filed in retaliation to an Informatory Petition No.3503 of 2018 filed by the petitioner to the effect that the complainant/informant had left home with her ornaments and cash. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.25978 of 2019(2) dt.22-04-2019 2/2 with two sureties of like amount each to the satisfaction of learned ACJM IV, Patna City, in connection with Bye-pass P.S. Case No. 28/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T