Patna High CourtCR. MISC./7044/2016bail granted

Vijay Sah v. The State Of Bihar

2016-03-02Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.7044 of 2016 (2) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7044 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Vijay Sah, Son of Bindeshwari Sah, resident of Village- Kariho Sanath Tola, Police Station & District Supaul.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Supaul (Mahila) P.S. Case No. 95 of 2015 registered for the offences punishable under Sections 341, 376/511, 354 (B)/34 and 379 of the Indian Penal Code.

Allegedly, the petitioner earlier on 18.11.2015 tired to commit rape with the informant and for that in the village there was panchayati and the petitioner was punished and then the petitioner and other co-accused came at the house of the informant, assaulted her husband and at the point of firearm took away box containing clothes, documents and also snatched gold chain from the neck of the informant.

Submission is of false implication and that the first

Patna High Court Cr.Misc. No.7044 of 2016 (2) dt.02-03-2016 information report has been lodged on 29.11.2015, for the alleged earlier occurrence no case was lodged, the father of the petitioner has also lodged the case and the petitioner is suffering in custody since 30.12.2015 having no criminal antecedent. Learned APP fairly submits that earlier no case was lodged.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Supaul in connection with Supaul (Mahila) P.S. Case No. 95 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T