Shashi Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66113 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- COMPLAINT CASE District- Sheohar ====================================================== Shashi Rai, son of Ramchandra Rai, r/o. Village Kodariya, P.S. Siwaipatti, District Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Savita Devi, w/o. Shashi Rai, d/o. Ram Naresh Rai, at present r/o. Village Belahiya, P.S. Thariyani, Distt. Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A) and 354(A) IPC and Section 3 and 4 of the D.P.Act registered in connection with Complaint Case No. 23 of 2017.

3. It is submitted that the petitioner has been falsely implicated and no accusation in the past has been made even though the parties have been married since 08.06.2012. It is submitted that it is the complainant who does not want to reside with the petitioner though the petitioner is ready and willing to keep her with due dignity and honour. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.66113 of 2018(3) dt.03-01-2019 2/2 circumstances, as such, 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 S.D.J.M., Sheohar in connection with Complaint Case No. 23 of 2017 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) 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