Subhendra Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49660 of 2014 Arising Out of PS.Case No. -2811 Year- 2007 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Subhendra Suman son of Sri Kameshwar Prasad Singh, resident of village - Singorwa, P.S.- Riga, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad, Advocate For the Complainant : Mr. Sanjay KR. @ S.K., Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 03-03-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 498A of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

Though the petitioner happens to be the husband of the complainant, but taking into consideration the nature of dispute going on between the petitioner on one side and the complainant on other side and further taking into consideration the fact that the petitioner is in judicial custody since 17.10.2014, his prayer for bail is allowed. The above named petitioner is ordered to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, (East) Muzaffarpur in Complaint Case No. 2811 of 2007, subject to the following conditions: (A) one of the bailors must be a government servant, (B) other bailor shall be either family member or close relation of the petitioner who will

Patna High Court Cr.Misc. No.49660 of 2014 (2) dt.03-03-2015 2/2 file an affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Tahir/- U T