Patna High CourtCR. MISC./6407/2018bail granted

Kamlesh Ram v. State Of Bihar And ANR

2018-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6407 of 2018 (2) dt.06-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6407 of 2018 Arising Out of PS.Case No. -248 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Kamlesh Ram Son of Raj Kumar Ram, Resident of Village-Khurde P.S. Chainpur District Kaimur at Bhabua.

.... .... Petitioner

Versus

1. The State of Bihar

2. Mina devi Wife of Pintu Ram, Resident of Village-Deuwa, P.S. Chainpur District Kaimur at Bhabua.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.11.2017 in connection with Chainpur P.S. Case No. 248 of 2016 for the offences alleged under Sections 341, 323, 325, 498(A)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact it is the opposite party no. 2 who is not willing to live with the petitioner. It is submitted that the opposite party no. 2 has since solemnized second marriage with one Pintu Ram (Annexure-2).

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.6407 of 2018 (2) dt.06-02-2018 satisfaction of learned Additional Chief Judicial Magistrate-II, Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 248 of 2016, on the following 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) 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) Md. Ibrarul/- U T