Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51689 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Vikash Kumar Singh S/O Murari Singh, Resident Of Village- Hasanpur, P.S.- Hasanpur, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gyatri Devi W/o Sanjay Singh, Resident of Village- Lalpur, P.S.- Chautham, District- Khagaria.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate Mr. Navin Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Chautham P.S. Case No. 88 of 2022 lodged under Sections 341, 323, 307 and 498(A)/34 of the I.P.C..

As per prosecution case, the informant has disclosed that marriage of her daughter was solemnized with the petitioner who was in habit of drinking wine and used to torture her daughter. She has made allegation against four named accused persons that they all assaulted by fist and lathi and subsequently

Patna High Court CR. MISC. No.51689 of 2022(2) dt.18-11-2022 2/3 tried to kill the informant's daughter by strangulating her neck. Learned counsel for the petitioner specifically submits that from the order passed by the Sessions Judge, it transpires that a conciliation took place on the instance of the court in which the informant's daughter has categorically denied that she is ready to live with her husband because her husband is a cruel and drunken man. Learned counsel further submits that the antecedent of the petitioner is clean and he is in custody since 15.06.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria or concerned court in connection with Chautham P.S. Case No. 88 of 2022, G.R. No. 877 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.51689 of 2022(2) dt.18-11-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T