Rajan Prasad Gupta @ Rajan Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.17867 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17867 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -EKMA District- SARAN ====================================================== Rajan Prasad Gupta @ Rajan Gupta Son of Lallan Prasad, Resident of village - Ekma Near Durga Asthan, P.S. Ekma, District - Saran at Chapra .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Akhileshwar Pandey, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.02.2017 in connection with Ekma P.S. Case No. 18 of 2017 for the offences alleged under Sections 323, 325, 326, 307, 498(A), 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted not by the petitioner's wife but by her brother. There is no injury report to substantiate the allegation of assault. Petitioner claims clean antecedents and expresses his willingness to keep his wife with due dignity and honour.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.17867 of 2017 (2) dt.11-04-2017 named 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 Assistant Chief Judicial Magistrate-1, Saran at Chapra, in connection with Ekma P.S. Case No. 18 of 2017, on the following 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/BT U T