Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68191 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- LAKHISARAI DistrictLakhisarai ====================================================== DHARMENDRA KUMAR Son of Ugrin Yadav Resident of Budhouli, P.S. and District-Nawada. Present address-Resident of Mohalla-Gandhi Nagar, P.S. and District-Nawada.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Amrendra Kumar, Advocate.

For the Opposite Party:

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 354(a)(iv), 354, 354(d)(ii), 120(B)/34 of the Indian Penal Code registered in connection with Lakhisarai P.S. Case No. 274 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that he mentally tortured the informant and did not solemnize marriage with her. It is submitted that the averments made in the F.I.R., the ingredients of the offence alleged are not attracted. 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) with two sureties of like amount each

Patna High Court CR. MISC. No.68191 of 2019(2) dt.07-11-2019 2/2 to the satisfaction of learned Judicial Magistrate 1st Class, Lakhisarai in connection with Lakhisarai P.S. Case No. 274 of 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 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