Chandan Kumar Singh @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46343 of 2022 Arising Out of PS. Case No.-30 Year-2018 Thana- MAHILA THANA District- Begusarai ====================================================== Chandan Kumar Singh @ Chandan Kumar Son Of Shyamnandan Singh R/O Village- Mahuari Shakarpura, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP For the Informant : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 02.07.2022 in connection with Mahila P.S. Case No. 30 of 2018, F.I.R. dated 06.10.2018 for the offences punishable under Sections 341, 323, 341, 504, 379, 313, 498A/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. Pursuant to the order dated 13.09.2023, petitioner has surrendered before the learned Trial Court on 04.09.2023.
4. Learned counsel for the petitioner submits that in compliance of the earlier order the petitioner has co-operated with the informant and he has filed the petition under Section
Patna High Court CR. MISC. No.46343 of 2022(7) dt.26-09-2023 2/3 13-B of the Indian Penal Code and the petitioner will co-operate the proceeding under Section 13-B of the Indian Penal Code.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have no objection in this regard.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Sub Divisional Judicial Magistrate, Begusarai in connection with Mahila P.S. Case No. 30 of 2018, subject to the following conditions:- i. Petitioner shall co-operate the proceeding which was pending before the Principal Family Court, Patna bearing Matrimonial Case No. 1469 of 2019 and he shall not delay the proceeding which was pending before the principal Judge and he shall duly participate on each and every date which was fixed by the Family Court. And if the petitioner will not co-operate the proceeding as mentioned aforesaid, the learned counsel appearing on behalf of the informant has liberty to move before the appropriate forum for cancellation of his bail bond. ii. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.46343 of 2022(7) dt.26-09-2023 3/3 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. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. 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 antecedent, 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) Vanisha/- U T