Mukul Kumar @ Mukul Anand @ Mukul Anand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45061 of 2022 Arising Out of PS. Case No.-1242 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Mukul Kumar @ Mukul Anand @ Mukul Anand Singh Son Of Om Prakash Sharma Resident Of Village- Chechaul Naubatpur, P.S.- Naubatpur, DistrictPatna, At Present Residing Bhootnath, Pandey Motor Side, Street Of Domino's Pizza, P.S.- Agamkuan, District- Patna ... ... Petitioner/s
Versus
1. The State of Bihar
2. Nitu Devi W/o Mukul Anand, resident of Bhootnath, Pandey Motors,near Dominos Pizza in the house of Sarla Devi, P.S. Agamkuan, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarva Deo Singh, Advocate For the Informant : Mr. Sourendra Pandey, Advocate For the State :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.
Petitioner seeks bail, who is in custody since 31.01.2022, in connection with Agamkuan P.S. Case No. 1242 of 2021, F.I.R. dated 17.12.2021 registered for the offences punishable under Sections 341, 323, 307, 498(A), 504, 506 of the Indian Penal Code.
Learned counsel for the petitioner files a supplementary affidavit stating therein that the petitioner is ready to keep his wife (opposite party no. 2) with full dignity and honour.
Patna High Court CR. MISC. No.45061 of 2022(6) dt.25-04-2023 2/3 Learned counsel for the Informant on instruction submits that the opposite party no. 2 (informant) is also ready to live with the petitioner.
Learned counsel for the petitioner submits that although the petitioner has been granted provisional bail vide order dated 07.12.2022 but he has not furnished his bail bond. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Agamkuan P.S. Case No. 1242 of 2021, subject to the following conditions :-
(1) One of the bailors must be the wife of the petitioner, namely, Nitu Devi (opposite party no. 2).
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(3) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.45061 of 2022(6) dt.25-04-2023 3/3 for cancellation of bail.
(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T