Santosh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16616 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -SIKANDARA District- JAMUI ====================================================== Santosh Kumar Das, son of Kanthilal Das, resident of village Jansidih, P.S. Sikandara, District Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amresh Kumar Sinha, Advocate For the State : APP For the Informant : Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.02.2017 in connection with Sikandra P.S. Case No. 141 of 2016 for the alleged offences under Section 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It is submitted that the petitioner, who is the husband of the informant, has been falsely implicated and in any event, he expresses his willingness to keep the informant with due dignity and honour.

4. Learned APP assisted by the learned counsel for the informant appearing suo motu opposes the bail petition, submitting that from the order of the Additional District and Sessions Judge III, Jamui it appears that the petitioner has illtreated his wife even on earlier occasion despite assurance that he would keep her properly.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 19.02.2017 already suffered, let the petitioner above

Patna High Court Cr.Misc. No.16616 of 2017 (2) dt.04-04-2017 2/2 named 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 Sri Ajit Kumar Singh, learned Additional Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No. 141 of 2016 on the following 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) 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.

(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) B.T/Ibrar U T