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Patna High CourtCR. MISC./31251/2019bail granted

Sravan Kumar v. The State Of Bihar

2019-08-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31251 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- MAHILA P.S. DistrictSamastipur ====================================================== SRAVAN KUMAR, aged about 25 years, male, Son of Ram Nandan Singh Resident of Village-Rasalpur, P.S.-Muffasil, District-Samastipur. ... ... Petitioner

Versus

1. THE STATE OF BIHAR

2. Chanchal Kumari, W/o Shravan Kumar and daughter of Ram Narayan Singh, S/P R/o village- Belari, P.S. Ujiyarpur, District- Samastipur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar No1, Advocate.

For the O.P. No. 2 :

Mr.Bijay Bhushan, Advocate.

For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 341, 498A/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Mahila P.S. Case No. 52 of 2018.

3. It is submitted that the petitioner has been falsely implicated and this is the first such complaint of its nature since the parties were married in the year 2017. The accusation of assault is general and omnibus in nature. The petitioner is the husband of the informant and he expresses his willingness to keep his wife with due dignity and honour. The petitioner claims clean antecedents.

4. Learned counsel for the Opposite Party No. 2 appears and has been heard.

5. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.31251 of 2019(3) dt.05-08-2019 2/2 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 Sri Rakesh Ranjan, learned Judicial Magistrate Ist Class, Samastipur in connection with Mahila P.S. Case No. 52 of 2018, 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 cooperate 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) That 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) Ibrar//- U T