Dinesh Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59408 of 2018 Arising Out of PS. Case No.-2539 Year-2015 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Dinesh Ram, Son of Jagarnath Ram, resident of village - Osaiganj, P.O.- Osain, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner

Versus

1. The State Of Bihar

2. Sunaina Devi W/o Dinesh Ram, resident of village - Osaiganj, P.O.- Osain, P.S.- Bihiya, District- Bhojpur.

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

For the Petitioner :

Mr. Sada Nand Roy, Advocate For the State :

APP For O.P. No. 2 :

Mr. Kamal Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code registered in connection with Complaint Case No. 2539C of 2015.

3. It is submitted that the petitioner has been falsely implicated and in any event, the matter has since been amicably resolved in Mediation Proceeding No. 157 of 2018 on terms and conditions enumerated therein, which the petitioner undertakes to abide by.

4. Learned counsel for the opposite party no. 2 appears and has been heard.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six 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

Patna High Court Cr.Misc. No.59408 of 2018(3) dt.23-01-2019 2/2 Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Complaint Case No. 2539C of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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 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. (iv) 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.

(Vikash Jain, J) BT/Chandran U T