Patna High CourtCR. MISC./45458/2019bail granted

Aditya Rai v. The State Of Bihar

2019-07-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45458 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== ADITYA RAI S/o Ishranand Rai Resident of Village- Semara, P.S.- Barhara, District- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Pinki Devi W/o Aditya Rai, D/o Chandeshwar Yadav At present Resident of Village- Chhotaki Sandiha, P.S.- Ara (M), District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-07-2019 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,379/34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act registered in connection with Mahila (Bhojpur) P.S. Case No. 57 of 2018.

3. It is submitted that the petitioner has been falsely implicated and this is the first complaint of its nature since the petitioner and the informant were married as far back as in the year 2013. There is inordinate delay in institution of the FIR on 04.05.2018 for the alleged occurrence of 25.02.2018. The petitioner expresses his readiness to keep the informant with due dignity and honour and submits that it is the informant who is not willing to live with him. The 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

Patna High Court CR. MISC. No.45458 of 2019(2) dt.23-07-2019 2/2 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,. Bhojpur at Ara in connection with Mahila (Bhojpur) P.S. Case No. 57 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. (Vikash Jain, J) Chandran/- U T