Sanjeev Kumar Singh @ Pappu Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 18174 of 2014 Arising out of P.S. Case No. -42 Year- 2013 Thana -NATIONAL HIGHWAY District- SAMASTIPUR ====================================================== Sanjeev Kumar Singh @ Pappu Singh S/o Indradeo Singh Resident of Village Taralahi, P.S. Bahadurpur, District Darbhanga. Presently at Mohalla Darawana Jangal, Vailan west Jone, Nagar Hugali, House No. 20/4, P.S. Uttarpara, Hugali, West Bengal. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Hema Kumari Singh W/o Sanjeev Kumar Singh D/o Chandradeo Singh Presently residing at Village Dadari, P.S. Bangara National Highway, District Samastipur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Jha, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
07. 09.01.2015 This is a case under Section 498A IPC wherein the Petitioner is in custody since 31.12.2013 and, hence, the case is being disposed off at the stage of "For Orders on Office Notes". Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case registered under Sections 498A, 316 and 379/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
Notices had been issued to the Opposite Party No. 2 but till date there is no response to the same. It appears that notices were affixed on the door of the Opposite Party No. 2 but till date none appears on her behalf.
Considering the facts of the case, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with National Highway Bangara P.S. Case No. 42 of 2013 subject to
Patna High Court Cr.Misc. No.18174 of 2014 (7) dt.09-01-2015 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Petitioner is directed to deposit Rs. 750/- (Seven Hundred Fifty Only) per month in the court below firstly within 15 days from the date of his release from custody and subsequently by 15th every month which the wife of the Petitioner will be at liberty to withdraw without prejudice the right of the parties. However, if the Complainant/informant has a Bank account or subsequently opens a Bank account, the money shall be deposited in the account and a receipt to this effect shall be filed by 15th every month in the court below and in case he fails to do so his bail would be automatically cancelled.
Vikash/- (Anjana Prakash, J.) U T