Bipin Kumar @ Bipin Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67538 of 2018 Arising Out of PS. Case No.-109 Year-2017 Thana- COMPLAINT CASE District- Sheohar ====================================================== Bipin Kumar @ Bipin Kumar Jha, Son of Sunil Kumar Jha, Resident of Village- Shyampur Bhatha, PS- Shyampur Bhatha, PS- Shyampur Bhatha, District- Sheohar.

... ... Petitioner

Versus

1. The State of Bihar

2. Anjali Kumari, Wife of Bipin Kumar @ Bipin Kumar Jha, presently residing with her father Bimlesh Kumar Jha at Village - Amba Ojha Tola, P.S.- Piprahi, District- Sheohar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ashhar Mustafa, Advocate For the State :

Mr. Jitendra Kr. Singh, APP For Opposite Party No. 2:

Mr. R.S. Pradhan, Sr. Advocate Mr. Ranjeet Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A, 406, 307, 384 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act registered in connection with Complaint Case No. CI -109 of 2017.

3. It is submitted that the petitioner has been falsely implicated and there is no objective material to corroborate the accusation of torture and cruelty to the complainant and no injury report has been brought on record. It is submitted that cognizance has been taken against the petitioner and others only under Section 498A of the IPC. The petitioner is ready to keep the opposite party no. 2 with due dignity and honour. The petitioner claims clean antecedents.

4. Learned counsel for the opposite party no. 2 appears and opposes the anticipatory bail petition.

Patna High Court Cr.Misc. No.67538 of 2018(3) dt.29-01-2019 2/2

5. 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 Chief Judicial Magistrate, Sheohar in connection with Complaint Case No. CI -109 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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 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. BT/Chandran (Vikash Jain, J) U T