Rampukar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70356 of 2019 Arising Out of PS. Case No.-117 Year-2017 Thana- MAHILA P.S. District- Bhojpur ====================================================== RAMPUKAR PRASAD Son of Satya Narayan Prasad Resident of Village - Dalan Chhapora, P.S.- Sahpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mahila P.S. Case No. 117 of 2017 registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Informant has alleged in her written complaint that she was married with petitioner in the year 2016 and after marriage she was tortured by the petitioner and his family members due to non-fulfillment of demand of dowry. It has been submitted on behalf of petitioner that there is general and omnibus allegation against the petitioner. As a matter of fact the informant has not been married with the petitioner and the present case has been instituted with oblique

Patna High Court CR. MISC. No.70356 of 2019(2) dt.04-12-2019 2/3 motive and malafide intention to humiliate the petitioner and his family. Informant has already married with one Dasrath Ram which is evidence from the voter list as contained in Annexure3. Petitioner has no criminal antecedent and is in custody since 11.02.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Mahila P.S. Case No. 117 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.70356 of 2019(2) dt.04-12-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T