Sri Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31556 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- PARASI District- Jehanabad ====================================================== Sri Ram Kumar, aged about 24 years, (Male) Son of Ishwar Dayal Singh Resident of Village - Rampur Bairia (Rampur Waina), P.S.- Parasi, P.O.- Kaler, District- Arwal.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2019 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, 354 and 504 of the Indian Penal Code registered in connection with Parasi P.S. Case No. 52 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is considerable delay in instituting the first information report on 04.09.2018 for the alleged occurrence of 28.08.2018. It is further submitted that FIR has been instituted in the backdrop of money dispute as the informant's father failed to pay the dues of about Rs. 320/- for having taken eggs on credit from the petitioner's shop. The petitioner claims clean antecedents.

4. 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 Mr. A.K. Agnihotri, learned Judicial Magistrate, 1st Class, Arwal in connection with Parasi P.S. Case No. 52 of 2018, subject to the

Patna High Court CR. MISC. No.31556 of 2019(2) dt.15-05-2019 2/2 conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of the petitioner shall be a close relative.

(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