Dinesh Lal Das @ Dinesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38544 of 2019 Arising Out of PS. Case No.-718 Year-2016 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.
DINESH LAL DAS @ DINESH KUMAR DAS Son of Late Yugal Kishore Lal Das Resident of Village and Police Station- Balua Baazar, DistrictSupaul. 2.
Mukesh Lal Das @ Mukesh Kumar Das Son of Late Yugal Kishore Lal Das Resident of Village and Police Station- Balua Baazar, District- Supaul. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
XYZ ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Verma, Adv.
For the Opposite Party/s :
Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-09-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 498A, 341, 323, 353, 504 of the Indian Penal Code registered in connection with Complaint Case No.718-C/2016.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be cousins of the husband of the complainant. The accusations are general and omnibus in nature and no specific overt-act of assault or demand of dowry has been attributed individually. The petitioners are
Patna High Court CR. MISC. No.38544 of 2019(4) dt.16-09-2019 2/3 separate in residence and mess from the complainant and her husband. It is stated that in any event the dispute between the complainant and her husband has since been resolved amicably and they are residing together, in view of which the complainant's husband has been granted anticipatory bail by this Court in Cr. Misc. No.24765/2019. Petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Supaul in connection with Complaint Case No.718-C/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 petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves
Patna High Court CR. MISC. No.38544 of 2019(4) dt.16-09-2019 3/3 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 petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Prakash Narayan /- U T