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Patna High CourtCR. MISC./64491/2023bail granted

Ajay Ray v. The State Of Bihar

2023-12-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64491 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Ajay Ray Son Of Late Bhugeshwar Ray R/O Vill - Jethali, P.S. - Nadi, Distt. - Patna, Old Address - R/V.Mohanpur, P.S. - Raghopur, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rananjay Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Nadi P.S. Case No.187 of 2022, lodged on 11.05.2022, under Section 304B/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against six named accused persons including the petitioner and allegation under Section 304B/34 of the Indian Penal Code is there in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is full father-in-law of the victim and he is custody since 19.06.2023 having clean antecedent. Counsel further submits that husband is already in custody and there is general and omnibus allegation against the petitioner and other persons.

Patna High Court CR. MISC. No.64491 of 2023(3) dt.06-12-2023 2/3 Counsel further submits that the marriage was solemnized in the year 2021 and since marriage they are living separately.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, Patna, in connection with Nadi P.S. Case No. 187 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.64491 of 2023(3) dt.06-12-2023 3/3 (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T