Vijay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62633 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- MAHILA P.S. District- Samastipur ====================================================== Vijay Kumar Singh Son of Nageshwar Singh Resident of Village- Gauspur Sarsauna, P.S. N.H. Bangra, District- Samastipur. ... ... Petitioner/s

Versus

1. State Of Bihar

2. Vibha Devi Daughter of Ram Gulam Mahto Resident of Village-Gangapur, P.S.-Musrigharari,Distt.-Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy,Adv For the Opposite Party No.2 :Mr. Ranjeet Choudhary, Adv Mr. Jainendra Kumar, Adv For the State Mr.Rana Randhir Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned counsel for the OP No. 2.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A),341,323,379/34 IPC and Section 3 and 4 of the D.P.Act registered in connection with Mahila P.S. Case No. 21 of 2018, G.R. No. 1138/2018.

3. It is submitted that the petitioner has been falsely implicated and in any event the dispute between the parties has since been amicably settled in terms of Mediator's report dated 05.02.2019 in Mediation Proceeding No. 162 of 2018.

4. Both parties expressed their commitment to honour the terms and conditions settled between them as recorded in the Mediator's report aforesaid.

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

Patna High Court Cr.Misc. No.62633 of 2018(3) dt.15-02-2019 2/2 ACJM III, Samastipur, in connection with Mahila P.S. Case No. 21 of 2018, G.R. No. 1138/2018 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. 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