Ravi Shankar @ Ravi Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43794 of 2019 Arising Out of PS. Case No.-263 Year-2017 Thana- CHENARI District- Rohtas ====================================================== Ravi Shankar @ Ravi Shankar Pandey S/o Late Shakti Narayan Pandey R/o village- Sahuad, P.S.- Karagahar, District- Rohtas. Present Residing at Mohalla- Gajrarh (Gourakshani), P.S.- Sasaram Model, District- Rohtas ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Soni Devi W/o Ravi Shankar @ Ravi Shankar Pandey Resident of MohallaGajrarh (Gourakshani), P.S.- Sasaram Model, District- Rohtas. Residing at village- Khurmabad, P.S.- Chenari, District- Rohtas ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Madhuri Kumari, Advocate For the State :

Mr.Awadhesh Kr Singh, Addl Public Prosecutor For the opp.party no.2 : Mr. Sudhir Kr.Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 498A/379 and other allied sections of the Indian Penal Code as well as under sections 3⁄4 of the DP Act on the allegation that he, being husband of opposite party no.2, subjected her to cruelty and ousted her from the matrimonial house on account of her non-fulfilment of dowry demand.

Learned counsel for the petitioner submits that the allegation is false against the petitioner and in fact the opposite party no.2 is having an illicit relationship for which the petitioner has already filed a Matrimonial case No. 80/2017 for getting a decree of annulment of marriage. Petitioner is in custody since 24.4.2019.

Learned counsel for the informant opposes the prayer

Patna High Court CR. MISC. No.43794 of 2019(3) dt.25-09-2019 2/2 for bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate II, Rohtas at Sasaram in Chenari Police Station Case No. 263 of 2017, GR No. 2849 of 2017 on the following conditions:-

(1) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T