Ramanand Prasad Singh @ Ramanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3299 of 2022 Arising Out of PS. Case No.-30 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== RAMANAND PRASAD SINGH @ RAMANAND SINGH S/o Late Chaturanand Prasad Singh Resident of Village- Sabalpur, P.S.- Morkahi, District- Khagaria.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Morkahi P.S. Case No. 30 of 2018, registered for the offences punishable under Sections 323, 354, 376, 406, 420, 494, 506 of the Indian Penal Code.

The complainant claiming himself to be the son of the present petitioner on the basis of DNA test, has lodged the complaint petition against the petitioner under Section 376 of the IPC with allegation that 29 years prior to lodging of the complaint petition, the petitioner committed rape with his mother.

Learned counsel for the petitioner has submitted that it

Patna High Court CR. MISC. No.3299 of 2022(2) dt.23-05-2022 2/2 may be a case of consensual co-habitation and no criminal liability attributed. Not the mother of the complainant but he himself has lodged the case. The petitioner is in custody since 21.09.2021. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Morkahi P.S. Case No. 30 of 2018, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself/herself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T