Chandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53046 of 2019 Arising Out of PS. Case No.-1513 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

CHANDAN GUPTA Son of Siyaram Sah Resident of Village - Barharwa, P.S.- Suppi, Dist.- Sitamarhi.

2.

Siyaram Sah Son of Late Harihar Sah Resident of Village - Barharwa, P.S.- Suppi, Dist.- Sitamarhi.

3.

Rajbati Devi Wife of Siyaram Sah Resident of Village - Barharwa, P.S.- Suppi, Dist.- Sitamarhi.

4.

Amod Kumar Son of Siyaram Sah Resident of Village - Barharwa, P.S.- Suppi, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Kusum Devi W/o Chandan Gupta, D/o Prem Prasad Resident of Village - and P.S.- Bargania, Dist.- Sitamarhi.

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

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, Addl Public Prosecutor Mr. Rajeev Kr.Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the parties.

Petitioners apprehends arrest in a case registered for offence under sections 498A/34 of the Indian Penal Code. In view of submissions of the parties that they have resolved their dispute and the opposite party no.2 is living with the petitioner happily, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each

Patna High Court CR. MISC. No.53046 of 2019(5) dt.28-02-2020 2/2 with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sadar Sitamarhi in Complaint Case No. C1/1513/18, Tr no. 3294/2019 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) If the petitioners fails to abide by the terms of the agreement, opposite party no.2 would be at liberty to move the Court below for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T