Rajaram Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37455 of 2019 Arising Out of PS. Case No.-11 Year-2016 Thana- MAHILA PS DistrictKhagaria ====================================================== RAJARAM PODDAR, aged about 27 years, male, Son of Polo Poddar Resident of Village- Marar, P.S.- Morkahi, District- Khagaria. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Laxmi Kumari, aged about 24 years, female, Wife of Rajaram Poddar, D/o Binod Poddar Resident of Village- Pipra Latif (Marraya), P.S.- Parbatta, District- Khagaria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Praveen Kumar Agrawal, Advocate.

For the Opposite Parties:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 494 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Khagaria (Mahila) P.S. Case No. 11 of 2016.

3. It is submitted that the petitioner has been falsely implicated and this is the first complaint of its nature in about five years since the parties were married. In any event the petitioner expresses his readiness to keep the opposite party no. 2 with due dignity and honour. The offence alleged under Section 494 IPC is denied on the ground that the petitioner has not solemnized marriage with Ranju Kumari. 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

Patna High Court CR. MISC. No.37455 of 2019(2) dt.21-06-2019 2/2 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) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Khagaria in connection with Khagaria (Mahila) P.S. Case No. 11 of 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 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) Ibrar/BT U T