Patna High CourtCR. MISC./79715/2018bail granted

Ravish Kumar Singh v. State Of Bihar And ANR

2019-01-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79715 of 2018 Arising Out of PS. Case No.-168 Year-2018 Thana- KHAJAULI DistrictMadhubani ====================================================== Ravish Kumar Singh Son of Ram Roop Singh Resident of Village - Inarba, P.S.- Khajauli, District - Madhubani ... ... Petitioner

Versus

1. State Of Bihar and Anr

2. Navneeta Bharti Wife of Ravish Kumar Singh, Daughter of Chandeshwar Pd. Singh Resident of Village - Behata, P.S.- Benipatti, District -Madhubani ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party: Mr. Ansul Mr. Anuj Kumar, Advocates.

For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 379, 498(A), 504/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Khajauli P.S. Case No. 168 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact the petitioner has filed for divorce in Matrimonial Case No. 115 of 2018 pending before the court of Principal Judge, Family Court, Madhubani as far back as on 24.05.2018 and the present F.I.R. has been instituted thereafter on 01.10.2018. The accusations in the F.I.R. are general and omnibus in nature and no specific overt act of assault and torture has been made in the F.I.R. against him. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the

Patna High Court Cr.Misc. No.79715 of 2018(2) dt.28-01-2019 2/2 informant appearing suo motu and have been heard.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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 Additional Chief Judicial MagistrateIIIrd, Madhubani in connection with Khajauli P.S. Case No. 168 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) 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) 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