Ashok Kumar @ Ashok Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72222 of 2018 Arising Out of PS. Case No.-198 Year-2018 Thana- KAKO District- Jehanabad ====================================================== Ashok Kumar @ Ashok Pandit S/o Late Kameshwar Pandit, R/o VillageSaidpur, P.S.- Kako, District- Jehanabad. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sheo Nandan Pandit, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354, 504 and 506 of the Indian Penal Code registered in connection with Kako P.S. Case No. 198 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the present first information report has been instituted in retaliation to earlier FIR in Kako P.S. Case N. 178 of 2018 in which the petitioner was the informant. The accusation of outraging the modesty of the informant under Section 354 of the Indian Penal Code by the accused persons, who are all relatives in each other's presence, is highly improbable in nature. Parties are agnates, having past land dispute. The petitioner is also an accused in a case of different nature.

4. 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)

Patna High Court CR. MISC. No.72222 of 2018(3) dt.07-03-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No. 198 of 2018, 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/- U T