Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29698 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- KOTWALI District- Munger ====================================================== Amit Kumar aged about 22 years gender-male Son of Sri Sakal deo Sahani Resident of Village-Chaukhandi, P.S.-Kotwali(Basudeopur), District Munger. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Usha Kumari @ Usha Devi D/o Manoj Chaudhary Resident of Village - Chaukhandi, P.S.- Kotwali (Basudeopur), District - Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pawan Kumar, Advocate For the State :

APP For Opp. Party no. 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Kotwali (Basudeopur) P.S. Case No. 304 of 2018.

3. At the very outset, learned counsel for the petitioner submits that the petitioner could not surrender before the learned court below pursuant to the order dated 10.05.2019 granting provisional bail to him.

4. It is submitted that the petitioner has been falsely implicated and specific statement has been made in paragraph 11 of the petition that marriage of the informant was never solemnized with the petitioner nor was she taken to Delhi by him. It is therefore submitted that the ingredients of the offence alleged under Section 498(A) of the IPC are not made out. The petitioner is an accused in one prior case of different nature.

Patna High Court CR. MISC. No.29698 of 2019(3) dt.31-07-2019 2/2

5. Despite valid service of notice upon opposite party no. 2, who personally received the same, none appears on her behalf when the matter is called.

6. 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 Chief Judicial Magistrate, Munger in connection with Kotwali (Basudeopur) P.S. Case No. 304 of 2018, subject to the conditions as laid down under Section 438 (2) of the of the Code of Criminal Procedure and with 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 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. (iv) 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.

(Vikash Jain, J) BT/- U T