Patna High CourtCR. MISC./60739/2019bail granted

Raushan Kumar @ Sashan Kumar v. The State Of Bihar

2020-03-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60739 of 2019 Arising Out of PS. Case No.-818 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== RAUSHAN KUMAR @ SASHAN KUMAR Son of Ram Chandra Yadav Resident of Village- Uttari Chhilkauri, P.S.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Ravina Kumari Wife of Raushan Kumar @ Sashan Kumar, Daughter of Bhawani Yadav Resident of Village-Uttari Chhilkauri, P.S.-Alauli, DistrictKhagaria at present residing at village Chandauli, P.S-Bidhan, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate.

For the Opposite Party/s:

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2020 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 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act registered in connection with C.R. No. 818 of 2017, T.R. No. 1859 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that demand of dowry and inflicting cruelty are denied. In any event the dispute between the parties has now been amicably settled in Mediation Proceeding No. 1274 of 2019 on terms and conditions enumerated in the agreement dated 12.12.2019 between the parties. It is stated that one time settlement of Rs. 20,000/- has since been paid to the opposite party no. 2. The petitioner claims clean antecedents.

4. Learned counsel for the opposite party no. 2 accepts

Patna High Court CR. MISC. No.60739 of 2019(4) dt.04-03-2020 2/2 the stand of the petitioner.

5. 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) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with C.R. No. 818 of 2017, T.R. No. 1859 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 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