Ramesh Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51422 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Ramesh Pandit S/O Chandra Deo pandit Resident of Village- Kumarhnshow, P.S. Garhpura, District- Begusarai ... Petitioner
Versus
1.
The State of Bihar 2.
Jyoti Kumari W/o Ramesh Pandit, D/o Ashok Pandit Resident of VillageKumarhnshow, P.S. Garhpura, District- Begusarai, At present resident of Village- Shokhara, P.S. Phulwaria, District- Begusarai. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Binod Kumar Ambastha, Advocate For the Opposite Party :
Mr.Yogendra Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.
Petitioner, husband of opposite party no.2, apprehends his arrest in a case registered for offence punishable under section 498A of the Indian Penal Code read with sections 3⁄4 of the DP Act.
In spite of valid service of notice to the opposite party no. 2 vide office notes dated 27.9.2019, no one appears for her. Learned counsel for the petitioner, refuting the allegations, submits that opposite party no.2 has performed marriage with one Monu Poddar, a boy of her own village, and is living with her, which is supported by Annexures 2 and 3. In view of the above, provisional bail allowed to the petitioner vide order dated 19.8.2019, is hereby confirmed on the following conditions:-
(1) Petitioner 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
Patna High Court CR. MISC. No.51422 of 2019(3) dt.20-11-2019 2/2 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Shashi U T