Suman Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36813 of 2019 Arising Out of PS. Case No.-77 Year-2016 Thana- KARJA District- Muzaffarpur ====================================================== SUMAN SAURAV S/o Ravindra Thakur At present Resident of Kanti (Near Hospital), P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Kumari W/o Suman Saurav and D/o Chandeshwar Thakur At present resident of Village- Repura, P.S.- Karja, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-06-2019 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, 498(A), 504/34 IPC and Section3/4 of the D.P.Act registered in connection with Trial No. 3610/2018, arising out of Karja P.S. Case No. 77/2016.

3. It is submitted that the petitioner, who happens to be the husband of the informant (OP No. 2) has been falsely implicated and in any event the petitioner is ready to keep the OP No. 2 with due dignity and honour. During the hearing of the anticipatory bail petition of the petitioner before the learned Sessions Judge the OP No. 2 chosen not to appear despite service of notice. This is the first complaint of its nature since the parties were married in the year 2012. 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)

Patna High Court CR. MISC. No.36813 of 2019(2) dt.17-06-2019 2/2 with two sureties of like amount each to the satisfaction of learned SDJM (West), Muzaffarpur, in connection with Trial No. 3610/2018, arising out of Karja P.S. Case No. 77/2016, 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. That the petitioner shall co-operate 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. 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. (Vikash Jain, J) Chandran/- U T