Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54444 of 2019 Arising Out of PS. Case No.-11 Year-2014 Thana- MAHILA P.S. District- Saran ====================================================== PANKAJ KUMAR Son of Akhileshwar Kunwar Resident of Village-Khajuri, P.S.-Mashrakh, District-Saran at present Rampur Noor Nagar, P.S.-Jalalpur, District-Saran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kiran Devi D/o Madan Mohan Pandey C/o Ram Naresh Singh, resident of Rampur Noor Nagar, P.S.-Jalalpur, District-Chapra(Saran). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the opposite party No. 2 is also present.

The petitioner has been in custody since 01.07.2019 in connection with Mahila P.S. Case No. 11 of 2014 registered for the offence punishable under Sections 113/301/307/322/328/ 347/349/448/498(A)/149 of the Indian Penal Code read with Section 3⁄4 of the Prevention of Dowry Act.

Learned counsel for the petitioner submits that though there had been efforts in the past for resuming the matrimonial relationship, the same could not be effected and finally a decree of divorce has been passed in the year 2016 which remains

Patna High Court CR. MISC. No.54444 of 2019(7) dt.03-12-2019 2/3 unchallenged till date. Learned counsel for the petitioner, however, submits that the petitioner shall appear in the trial as and when required and he may be extended the privilege of regular bail.

Having considered the entire facts and circumstances, let the petitioner above named 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 S.D.J.M., Saran at Chapra, in connection with Mahila P.S. Case No. 11 of 2014, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court CR. MISC. No.54444 of 2019(7) dt.03-12-2019 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T