Chulbul Dubey @ Amrish Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31052 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- DUMRAO District- Buxar ====================================================== CHULBUL DUBEY @ AMRISH DUBEY Son of Shri Hare Ram Dubey Resident of Village - Hari ji kat hata Dumraon, P.S.- Dumraon, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rishikesh Ojha For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Dumraon P.S. Case No. 131 of 2022 registered for the offences punishable under Sections 420, 376, 504 and 506/34 of the Indian Penal Code.
As per prosecution case, it is alleged that the petitioner has been establishing the illicit relationship with the informant for a period of one year and on pretext petitioner threatened to kill the family members of the informant and petitioner also kept the photograph of the informant in his
Patna High Court CR. MISC. No.31052 of 2022(3) dt.22-08-2022 2/3 mobile phone and he has been threatening to make the photographs viral. It has further been alleged that the accused took her to Patna on the pretext of marriage and kept her there for a period of ten days and he forcibly put vermilion on the forehead of the informant and refused to perform court marriage and he also refused to take the victim to his house and obtained signature/thumb impression of the victim on plain paper. Learned counsel for the petitioner submits that petitioner is in custody since 14.03.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that victim has denied the illicit relationship with the petitioner as mentioned in the impugned order. Informant is not a minor girl and doctor after medical examination declared her age about 20 to 21 years.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, victim denied any illicit relation in her
Patna High Court CR. MISC. No.31052 of 2022(3) dt.22-08-2022 3/3 statement, keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 131 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) amitkr/- U T