Raju Pandit @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41709 of 2019 Arising Out of PS. Case No.-1502 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAJU PANDIT @ RAJU KUMAR Son of Late Ram Sharan Pandit Resident of Village-Zafarabad, P.S.-Fatuha, District-Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Jyoti Devi Wife of Raju Pandit, Daughter of Late Foudi Pandit Resident of Village-Zafrabad, P.S-Fatuha, District-Patna at present residing at MohallaFulpur, near Kumar Cinema, P.S.-Laheri, District-Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A, 341, 323, 506 and 34 of the Indian Penal Code, registered in connection with Complaint Case No. 1502 (C) of 2015.

3. It is submitted that the petitioner, who is husband of the complainant, has been falsely implicated and in any event the petitioner expresses his readiness to keep the opposite party no.2 with due dignity and honour. The accusation of torture and demand for dowry is highly improbable considering that the parties were married about a decade ago in the year 2009 and this is the first complaint of its nature. The petitioner claims clean antecedents.

4. Despite valid service of notice none appears on

Patna High Court CR. MISC. No.41709 of 2019(5) dt.16-11-2019 2/2 behalf of the complainant when the matter is called.

5. Be that as it may, in the event of petitioner's arrest or surrender before 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 the like amount each to the satisfaction of learned A.C.J.M.-1, Bihar Sahrif, Nalanda in connection with Complaint Case No. 1502 (C) of 2015, 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) 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) HR/- U T