Krishna Prasad Singh @ K. P. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41622 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- HATHIDAH District- Patna ====================================================== KRISHNA PRASAD SINGH @ K. P. SINGH Son of Late Dukhi singh Resident of Village - Khanwa, P.S.- Narhat, Dist.- Nawadah, At Present Sanjay Nagar, Road No.1, P.S.- Jakkanpur, dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajanan Mishra For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 341 and 323/34 of the Indian Penal Code including Section 3⁄4 D.P. Act, registered in connection with Hathidah P.S.Case No. 92 of 2018.
3. It is submitted that the petitioner has been falsely implicated merely because he happens to be father-in-law of the informant. It is submitted that the petitioner has been residing separately after partition was effected in the year 2003 (Annexure-5) and has no concern with the day-to-day matters of the informant and her husband. The husband of the informant has been granted anticipatory bail by this Court in Cr. Misc. No.
Patna High Court CR. MISC. No.41622 of 2019(4) dt.20-11-2019 2/3 46399 of 2019. The petitioner claims clean antecedents.
4. Learned counsel for the informant appears and opposes the petition, submitting that the allegation that the petitioner's son was forcibly married to the informant has not been found true after investigation in Narhat P.S.Case No. 77 of 2018.
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 ACJM, Barh in connection with Hathidah P.S.Case No. 92 of 2018, 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 co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the
Patna High Court CR. MISC. No.41622 of 2019(4) dt.20-11-2019 3/3 State shall be at liberty to move for cancellation of bail. (iv) 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