Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48977 of 2018 Arising Out of PS. Case No.-1828 Year-2015 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sunil Kumar son of Late Omprakash Prasad, resident of Sant Kabir Road, Rajendra Colony, Banuchhapar, P.S.- Bettiah Muffasil Banuchhapar, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Bandana Kumari Barnwal, wife of Sunil Kumar and daughter of Ramji Prasad, resident of Mohalla- 26, Purushottam Das Lane, Murarpur, P.S.- Kotwali, District- Gaya.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Ms.Roona, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498A IPC and Section 4 of the D.P. Act registered in connection with Complaint Case No. 1828 of 2015.

3. It is submitted that the petitioner has been falsely implicated and this is the first complaint of its nature since the parties were married on 30.04.2015. In any event the petitioner expresses his readiness to keep the OP No. 2 with due dignity and honour. Th petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Gaya in connection with Complaint Case No. 1828 of 2015,

Patna High Court CR. MISC. No.48977 of 2018(6) dt.08-03-2019 2/2 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further 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. 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. (Vikash Jain, J) Chandran/- U T