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Patna High CourtCR. MISC./62271/2018bail granted

Gautam Kumar Singh v. The State Of Bihar

2019-01-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62271 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Gautam Kumar Singh S/o Ravindra Singh, R/o Vill.- Kumarganj, P.S.- Udakishunganj, Madhepura.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 494/34 IPC and Section 3 and 4 of the D.P. Act registered in connection with Udakishunganj P.S. Case No. 131 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the marriage registration certificate enclosed with the FIR is a forged one as on the face of it the same does not bear the seal of the Court. Moreover, pursuant to an RTI application information has been received from the District Sub Registrar, Purnea by letter No. 561 dated 13.08.2018 (Annexure-2) that the said marriage registration certificate has not been issued from his office. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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)

Patna High Court Cr.Misc. No.62271 of 2018(3) dt.24-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned ACJM, Udakishunganj, Madhepura, in connection with Udakishunganj P.S. Case No. 131 of 2018, 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. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. 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. Chandran/- (Vikash Jain, J) U T