Patna High CourtCR. MISC./59549/2019bail granted

Sanjay Kumar @ Rahul Choudhary @ Rahul Kumar v. The State Of Bihar

2019-09-23Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59549 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- MAHUA District- Vaishali ====================================================== SANJAY KUMAR @ RAHUL CHOUDHARY @ RAHUL KUMAR Son of Anil Choudhary Resident of Village-Birna Lakhan Seen, P.S-Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 379 and 504/34 of the Indian Penal Code, registered in connection with Mahua P.S.Case No. 111 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the informant is none other than the petitioner's wife. The present F.I.R. has been lodged only because of marital dispute between the parties. The informant had earlier lodged Mahua P.S. Case No. 203 of 2018 under Section 498(A) of the Indian Penal Code and the petitioner claims to be a poor rickshaw-puller and expresses his willingness for harmonious

Patna High Court CR. MISC. No.59549 of 2019(2) dt.23-09-2019 2/3 matrimonial life with the informant. Except the aforesaid Mahua P.S.Case No. 203 of 2018 filed at the instance of the informant, the petitioner claims clean antecedents.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S.Case No. 111 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.59549 of 2019(2) dt.23-09-2019 3/3 failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T