Krishna Kant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4365 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- TARAIYA District- Saran ====================================================== KRISHNA KANT Ray S/o- Late Makhan Ray Resident of VillagePachvinda, P.S.- Taraiya, District- Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lal Babu Ray S/o- Late Kishor Ray Resident of Village- Siswa, P.S.- Isuwapur, District- Saran (Chapra).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kapil Deo Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioner is in custody since 17.07.2020 in connection with Taraiya P.S. Case No. 162/2020 registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with the petitioner and the next day of marriage, the petitioner denied the marriage and assaulted and abused the informant's daughter and also ousted her from his house. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.4365 of 2021(2) dt.22-03-2021 2/3 petitioner was never married with the daughter of the informant and he has been falsely implicated in this case only because petitioner is the only son of his parents. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and he is in custody since 17.07.2020. However, learned counsel appearing on behalf of the informant vehemently opposed the bail application and submitted that there is allegation of abuse and assault against the petitioner.

Considering the nature of allegation and taking into consideration the period of custody, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ACJM, 1st, Chapra, Saran, in connection with Taraiya P.S. Case No. 162/2020, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.4365 of 2021(2) dt.22-03-2021 3/3

(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) Saif/- U T