Dilip Kumar @ Dilip Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28290 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== DILIP KUMAR @ DILIP RAM Son of Shambhu Ram Resident of Village - Kharsalwa, P.S.- Jharokhar, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 448, 341, 323, 354(a)(1), 354(b) IPC registered in connection with Ghorasahan (Jhjarokhar) P.S. Case No. 39 of 2019.

3. It is submitted that the petitioner has been falsely implicated int the backdrop of long standing family dispute for partition of property and the parties are agnates. Even in the past the petitioner has instituted Ghorasahan P.S. Case No.144 of 2012 against the husband of the informant and others. It is submitted that the accusations under the bailable Section 354B IPC is mere embellishment and in any event the ingredients thereof are not fulfilled. 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) with two sureties of like amount each to the satisfaction of learned SDJM, Sikrahana at Dhaka, East Champaran, in connection with

Patna High Court CR. MISC. No.28290 of 2019(2) dt.01-05-2019 2/2 Ghorasahan (Jhjarokhar) P.S. Case No. 39 of 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