Heeralal @ Heeralal Pandit And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53896 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -EKMA District- SARAN ======================================================
1. Heeralal @ Heeralal Pandit Son of Ram Chabila Pandit
2. Ramnath Pandit @ Ramnath Kumar Pandit Son of Ramchabila Pandit
3. Kalawati Devi W/o Ramanth Pandit
4. Sanjay Pandit @ Sanjay Kumar Pandit Son of Ramnath Pandit
5. Binod Pandit @ Vinod Kumar Son of Ram Nath Pandit All of Resident of Village- Milki, P.S. Ekma, District- Saran. .... .... Petitioners
Versus
1. The State of Bihar.
2. Nitu Devi Wife of Santosh Pandit, D/o Jyotish Pandit Resident of Village- Shadhpur Balli, P.O. Lajuar,District- Kopa, District- Saran. .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act registered in connection with Ekma P.S. Case No. 103 of 2018.
3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the in-laws of the informant. It is submitted that all the petitioners live separately from the informant and her husband and have no
concern with their day to day affairs. The informant was married on 29.05.2014 and this is the first complaint of such nature. Petitioners claim clean antecedents.
4. Learned counsel for the informant appears suo motu and opposes the bail petition.
5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) elach with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Ekma P.S. Case No. 103 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 petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves
available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/- U T