Brajesh Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1765 of 2019 Arising Out of PS. Case No.-953 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Brajesh Kumar Pandey, son of Devendra Kumar Pandey, Resident of VillageSultanpur P.S. Parbalpur, District-Nalanda. ... ... Petitioner/s

Versus

1. State Of Bihar

2. Rakhi Kumari, Daughtyer of Chhotelal Pandey, Resident of village Maniyawan, P.S. and District-Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.953C/2016 registered for offences punishable under Sections 498(A), 379, 323, 504/34 of the Indian Penal Code.

Allegation against the petitioner is that ornamental were taken and mortgage by petitioner and informant ousted her matrimonial house. Thereafter accused persons demanding Rs. 2 lakhs and motorcycle and in spite of above, and she was assaulted and threatened.

Submission of learned counsel for the petitioner is that he has been falsely implicated in this case, and he is still

Patna High Court Cr.Misc. No.1765 of 2019(2) dt.01-02-2019 2/3 ready to keep her but she is not ready to live along with the petitioner and a divorce case is also pending filed by the petitioner.

Heard learned A.P.P. as well as learned counsel for the informant who have vehemently opposed the prayer for bail. Perused the record from which it appears that earlier also the petitioner did not surrender before the lower Court in compliance of the order of the Court while rejecting bail application.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of receipt/ production of a copy of this order, be released on bail upon furnishing bail bond of Rs.25,000/-(Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Nalanda at Bihasharif in connection with Complaint Case No.953C/2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that if any maintenance case is filed by the informant, he has to co-operate in disposal of the same, otherwise

Patna High Court Cr.Misc. No.1765 of 2019(2) dt.01-02-2019 3/3 informant is free to move for cancellation of bail bond before the Court below itself.

(Vinod Kumar Sinha, J) sanjeev/- U T