Raju Gandhi Baitha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38377 of 2017 Arising Out of PS.Case No. -1223 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Raju Gandhi Baitha Son of Late Tapi Baitha Resident of Village - Marichahawa, P.S. - Dhanha, District - West Champaran, Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chanda Devi Wife of Raju Gandhi Baitha, Daughter of Shrawan Baitha Resident of Village - Marichahwa, Post - Katha, P.S. - Dhanha, District - West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Tr. No.5422 of 2016 (arising out of Complaint Case No.1223 of 2014) , registered for offences punishable under Section 498A of the Indian Penal Code.

Allegation against the petitioner is of demand of dowry and cruelty. The case is under Section 498A of the IPC. The petitioner is husband. It further appears from perusal of the record that he was granted anticipatory bail with certain conditions, however, he could not fulfil those conditions, as such he has been taken into custody.

Submission of the learned counsel for the petitioner is that he is still ready to main his conjugal life.

Patna High Court Cr.Misc. No.38377 of 2017 (2) dt.19-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides. In view of the facts and circumstances, the learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of six months.

In the meantime, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri S.Patel, J.M. 1st class, Bagaha, West Champaran in connection with Tr. No.5422 of 2016 (arising out of Complaint Case No.1223 of 2014) .

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T