Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57721 of 2023 Arising Out of PS. Case No.-624 Year-2021 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Ranjan Kumar Son Of Ramashish Ram Village- Sarta, Ps- Parasbigha, DistJehanabad ... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Babita Devi Wife Of Ranjan Kumar R/O Sarata, Ps- Parasbigha, DistJehanbad. R/O A/P Saraiya Salempur, Ps- Shakurabad, Dist- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar,Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2024 Heard Mr.Ravindra Kumar, learned counsel for the petitioner, learned counsel for the complainant and Mr.Damodar Prasad Tiwary, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No.624 of 2021 registered for the offences punishable under Sections 323, 341, 379, 504, 506, 498A of IPC and Section 4 of Dowry Prohibition Act.
3. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment
2/4 of demand of dowry.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is husband of the complainant and from a bare perusal of the complaint petition it appears that there is general and omnibus allegation against all the accused persons including the petitioner. Learned counsel for the petitioner outrighly submits that the petitioner is ready to give Rs.3,000/- per month as a maintenance to the complainant and her children.
5. Learned counsel for the complainant has no objection in this regard. Further submits that the complainant shall furnish her bank details in the learned court below.
6. Considering the aforesaid facts and the undertaking given by the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the
3/4 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Jehanabad in connection with Complaint Case No.624 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall deposit Rs.3,000/-per month in the bank account of the complainant as maintenance to the complainant and her children and if the petitioner fails to deposit any installment in the account of the complainant, the complainant shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.
(II) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4/4 (IV) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T