Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32109 of 2022 Arising Out of PS. Case No.-2554 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rishi Kumar Son of Shankar Prasad Yadav Resident of Moh - Ram Sahay Lane, Near Shiv Temple, Mahendra, P.s. - Pirbahore, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kumari Wife of Rishi Kumar, Daughter of Chandra Shekhar Azad Resident of Mohanpur, Punaichak, Baldeo Bhavan Road, Ramdas Path, P.S. - Shastrinagar, Dist.- Patna- 800023.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

According to the prosecution case, the complainant was subjected to harassment and torture due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32109 of 2022(4) dt.07-12-2022 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that he undertakes that he will deposit an amount of Rs. 1,10,000/- before the furnishing of the bail bond in the bank account of the informant in State Bank of India, Rajvanshi Nagar branch, vide Account No. 39996229165 and IFSC No. SBIN0003115. He further submits that he will produce the proof of deposited amount at the time of furnishing the bail bond. The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Court below where the case is pending in connection with Complaint Case No.

1. Petitioner shall deposit Rs. 1,10,000/- in the account of the informant and he will submit the proof at the time of

Patna High Court CR. MISC. No.32109 of 2022(4) dt.07-12-2022 3/3 furnishing the bail bond.

2. 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 reason, his bail bond shall be cancelled by the Court below.

3. 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.

4. 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) Vanisha/- U T