Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36107 of 2023 Arising Out of PS. Case No.-293 Year-2021 Thana- JAHANABAD DistrictJehanabad ====================================================== VISHAL KUMAR Son of Shri Shiv Nath Paswan R/o Village - Akorhi, P.S. - Akorhi Gola, Distt. - Rohtas, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
PUJA KUMARI @ PUJA DEVI Wife of Vishal Kumar Resident of village - Akorhi, P.S. - Akorhi Gola, Distt. - Rohtas. Presently Residing at C/o Sri Govind Singh, Nagina Pustak Street, Maurya Nagar, Jehanabad, Mobile No. 9142973603, 9546767806 ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 36254 of 2023 Arising Out of PS. Case No.-293 Year-2021 Thana- JAHANABAD DistrictJehanabad ====================================================== REKHA KUMARI DAUGHTER OF BAJRANGEE RAM RESIDENT OF VILLAGE- AND PO - MAHULI, PS- MUFFASIL, DISTT- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36107 of 2023) For the Petitioner/s :
Mr.Shashi Priya For the Opposite Party/s :
Mr.Sangeeta Sharma (In CRIMINAL MISCELLANEOUS No. 36254 of 2023) For the Petitioner/s :
Mr.Shashi Priya For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-10-2023 Heard Mr. Shashi Priya, learned counsel for the petitioners and learned counsel for the informant as well as learned Mrs. Sangeeta Sharma learned A.P.P. for the State.
Patna High Court CR. MISC. No.36107 of 2023(4) dt.10-10-2023 2/3 The petitioners apprehend their arrest in connection with Jehanabad P.S. Case No. 293 of 2021 registered for the offence under Sections 498A, 494, 506/34 of the Indian Penal Code.
The matter relates to matrimonial dispute of husband and wife.
Learned counsel appearing for the petitioners outrightly submits that the petitioners are ready to settle the dispute by way of one time settlement. They are also ready to pay more than ten lakh rupees to the informant as one time settlement. It has further been contended that the petitioners have given offer to the learned counsel for the informant. He further submits that petitioners have no criminal antecedent.
Learned counsel for the informant on instruction submits that the informant is not ready to receive the offered amount and she wants to fight with the petitioners before the appropriate forum.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case and the rival submission of the parties, let the, above named, petitioners, in the event of his arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.36107 of 2023(4) dt.10-10-2023 3/3 two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Jehanabad P.S. Case No. 293 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. as also with the following conditions:-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on thier absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) brajesh/- U T