Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51455 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== Chandan Kumar, aged about 28 years, Male, Son of Ashok Mahto Resident of Village- Kamasi, P.S. and District- Sheikhpura. ... ... Petitioner

Versus

1. The State of Bihar &

2. Gita Kumari ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar, Advocate For the Opposite Parties :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 341, 447, 323, 379, 498(A), 504 and 506/34 of the Indian Penal Code. As per prosecution case, the informant alleges that on 16.02.2019 in the night this petitioner and co-accused Kundan Kumar came at her house when she was sitting in her house along with her family members, petitioner and co-accused Kundan Kumar abused to her all family members and pressurize to withdraw the case which has been earlier filed and threatened to kill and assaulted by fists and slaps and snatched a golden chain.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. It is further submitted that informant has filed this case with a view to

Patna High Court CR. MISC. No.51455 of 2019(3) dt.16-11-2019 2/2 pressurize his family members and no case under section 498A of the IPC is made out. There is no demand of dowry or torture against the petitioner.

In the aforesaid facts and circumstances, let the above named petitioner be released on bail in the event of his arrest or 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 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura/successor Court in connection with Sheikhpura P.S.Case No.69 of 2019, with following conditions:- (i) Petitioner shall cooperate 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 his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below. (ii) If the petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T