Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44150 of 2024 Arising Out of PS. Case No.-2545 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Pankaj Kumar son of Raj Kishore Ray Village- Gausapur Chakmojahid PsMahua Dist- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Priyanka Kumari wife of Pankaj Kumar, D/o- Nawal Rai Village- Gausapur Chakmojahid Ps- Mahua Dist- Vaishali A/P- Gopalpur Po- Rasulpur Fatah Ps- Mahua Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra Ojha, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Complaint Case No. 2545 of 2021 registered for the offence punishable under Section 498A of the Indian Penal Code.
3. The marriage of the petitioner was solemnized with the opposite party no.2 way back in the year 2020. There is allegation of torture on account demand of dowry resulting in the institution of the complaint.
4. Learned counsel appearing on behalf of the petitioner contended that the entire family members have been
Patna High Court CR. MISC. No.44150 of 2024(2) dt.03-07-2024 2/3 made accused in this case with omnibus nature of allegation and moreover the petitioner has been incarcerated since 22.03.2024.
5. On the other hand, learned APP for the State vehemently opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the solemn affirmation wherein omnibus allegation has been levelled against the petitioner coupled with the fact that the investigation of the crime is complete and the crime in question is triable by magistrate, apart from the period of custody since 22.03.2024, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class Uzma Q, Vaishali at Hajipur in connection with Complaint Case No. 2545 of 2021, , subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
Patna High Court CR. MISC. No.44150 of 2024(2) dt.03-07-2024 3/3 intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
7. The application stands allowed.
(Harish Kumar, J) annpurna/- U T