Suraj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.424 of 2021 Arising Out of PS. Case No.-256 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== SURAJ RAM S/o Pramod Ram Resident of Village- Sanichari, Naya Basti, P.S.- Sanichari, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Choutarwa PS Case No.256 of 2020 instituted for the offence under Sections 376 and 420 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

The victim of alleged forced physical relation by the petitioner has filed a petition in the learned court below, wherein, she has expressed that she will not pursue the case. It is submitted by the petitioner's counsel that alleged victim and the petitioner have solemnized marriage and the petition filed by the alleged victim (Annexure-2) belies the prosecution case.

The learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.424 of 2021(2) dt.01-03-2021 2/2 bail.

Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st Bagaha, West Champaran, in connection with Choutarwa PS Case No 256 of 2020, 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T