Krishna Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37526 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== 1.
Krishna Prasad Male aged about 65 years Son of Late Chetan Ram 2.
Shila Devi @ Srimanti Devi aged about 60 years, Wife of Krishna Prasad Both resident of Mohalla-Rampur Garikhana near Devi Ashthan, P.S.- Khagaul and District- Patna.
... ... Petitioners
Versus
1.
The State of Bihar 2.
Soni Kumari, Female, aged about 25 years Daughter of Suresh Das, wife of Sunil Kumar At present residing at Mohalla- Rampur Garikhana near Devi Asthan, Khagaul, P.S.- Khagaul, District- Patna. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr.Bijay Kumar, Advocate For the State :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-06-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 354(D), 509, 504, 379, 376(b) and 498(A)/34 of the Indian Penal Code registered in connection with Mahila P.S. Case No. 153 of 2018
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be parents-in-law of the informant. It is submitted that this is the first complaint of its nature since the parties were married for more than a year. It further transpires that the informant was married to one Sunil Kumar against whom she has filed Maintenance Case No. 71(M) of 2018 under Section 125 of the Cr.P.C. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest
Patna High Court CR. MISC. No.37526 of 2019(2) dt.21-06-2019 2/2 or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Smt. Priya Shekhar, learned Judicial Magistrate, Patna in connection with Mahila P.S. Case No. 153 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner no. 1 shall remain physically present in court on each and every date during trial and the petitioner no. 2 shall be well represented in court on each and every date during trial except as and when directed by the learned court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T