Sahrum Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58309 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- CHANPATIA DistrictWest Champaran ====================================================== SAHRUM GADDI Son of Late Jainul Gaddi Resident of Village-Rampurawa, P.S.-Chanpatia, District-West Champaran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Jagdipa Khatoon W/o Pankaj Gaddi D/o Akalu Gaddi Resident of VillageDhadhwa, P.S.-Shikarpur, District-West Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Opposite Party:

Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act registered in connection with Chanpatia P.S. Case No. 67 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the father-in-law of the informant. It is submitted that the accusations are general and omnibus and in any event highly improbable against the petitioner who has been living separately from the husband of the informant after partition in the property. This is the first complaint of its nature in the four years since the informant was married to the son of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, 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)

Patna High Court CR. MISC. No.58309 of 2019(2) dt.16-09-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 67 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 cooperate 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) That 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) Ibrar//- U T