Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1597 of 2019 Arising Out of PS. Case No.-15 Year-2000 Thana- LALGANJ District- Vaishali ====================================================== Suman Kumar, Son of Dinkar Singh @ Dinkar Prasad Singh, Resident of village- Jaitipur, Police Station- Lalganj, District-Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Lalganj P.S. Case No. 15 of 2000 registered for the offence punishable under Sections 323, 341 and 504 of the Indian Penal Code.

Allegation against the petitioner is of committing unnatural offence with the son of the Informant. The learned court below has observed that the accused has misused the privilege of bail and the case is pending for evidence and petitioner accused is absent since 08.07.2009 and after exhausting all process for appearance of petitioner, he has surrendered before the court on 29.11.2018 and since then he is in custody.

It has been submitted on behalf of the petitioner that the parties have entered into compromise by way of

Patna High Court Cr.Misc. No.1597 of 2019(2) dt.25-01-2019 2/2 compromise petition annexed as Annexure-3 to this application. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 15 of 2000, with following conditions:- (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 shall remain physically present as directed by the Court and his absence even for a single date, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U