Ashok Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.85174 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== ASHOK RAM Son of Late Ram Awadh Ram Resident of Village - Adarsh Nuaon, P.S.- Durgawati, Distt.- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh, Advocate For the Informant :
Mr. Gajendra Nath Ojha, Advocate For the State :
Mr.Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Mahila (Bhabua) P.S. Case No. 49/2018 registered for the offences punishable under Section 498(A), 307 of the Indian Penal Code.
The petitioner has brought on record a supplementary affidavit which has been sworn by the mother of the petitioner. It is stated therein that the informant (Sunita Devi) and the petitioner have entered into a compromise and accordingly a compromise petition has been filed in the court of learned A.C.J.M. - IX, Kaimur, Bhabua on 31.03.2021. A copy of the certified copy of the compromise petition filed in the learned court below has been brought on record as Annexure '3'.
Patna High Court CR. MISC. No.85174 of 2019(22) dt.07-07-2021 2/3 Learned counsel for the petitioner as well as learned counsel for the opposite party no. 2 and learned A.P.P. for the State are present. Learned counsel for the parties have supported the facts stated in the compromise petition.
In the circumstances stated above, this court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Kaimur at Bhabua, in connection with Mahila (Bhabua) P.S. Case No. 49/2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify
Patna High Court CR. MISC. No.85174 of 2019(22) dt.07-07-2021 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.