Bikesh Bhagat @ Vikash Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61045 of 2018 Arising Out of PS. Case No.-276 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Bikesh Bhagat @ Vikash Bhagat Son of Raghu Nath Bhagat @ Muneshwar Bhagat, resident of Village- Sarhari, Police Station- Sugouli, District- East Champaran.
... ... Petitioner
Versus
1. The State Of Bihar
2. Gita Devi D/o Dhurendra Prasad W/o Biresh Bhagat @ Vikash Bhagat, resident of village Kanchhedawa, P.S. Harsidhi, District East Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar, Advocate For the State :
APP For Opposite Party No.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Sugouli P.S. Case No. 276 of 2018.
3. It is submitted that the petitioner has been falsely implicated and he expresses his willingness to keep the opposite party no. 2 with due dignity and honour. It is submitted that it is the opposite party no. 2 who does not want to live with the petitioner. The petitioner claims clean antecedents.
4. None appears on behalf of the opposite party no. 2 despite valid service of notice.
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)
Patna High Court Cr.Misc. No.61045 of 2018(3) dt.23-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugouli P.S. Case No. 276 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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. (iv) 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.
(Vikash Jain, J) BT/Chandran U T