← Library
Patna High CourtCR. MISC./467/2019bail granted

Vikash Kumar Rai v. The State Of Bihar

2019-01-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.467 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Vikash Kumar Rai, son of Manoj Rai resident of Village- Salempur, P.S. Bhagwanpur, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A/34 IPC and Section 3 and 4 of the D.P. Act registered in connection with Bhagwanpur PS Case No. 156/2018.

3. It is submitted that the petitioner who happens to be the husband of the informant has been falsely implicated and in any event the accusations are general and omnibus in nature. The petitioner expresses his willingness to keep the informant with due dignity and honour. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the 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 like amount each to the satisfaction of learned ACJM III, Vaishali at Hajipur in connection with Bhagwanpur PS Case No. 156/2018, 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.

Patna High Court Cr.Misc. No.467 of 2019(2) dt.28-01-2019 2/2 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 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) Chandran/- U T