Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2763 of 2020 Arising Out of PS. Case No.-506 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Mukesh Kumar Son of Ravindra Baitha Resident of Village - Mangalpur Gudariya, P.S.- Nautan, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Bettiah Town P.S. Case No. 506 of 2018 registered for the offence under Sections 354, 504, 509 and 34 of the Indian Penal Code. In the F.I.R., the informant has alleged that petitioner has misbehaved with her and passed some vulgar comments against her and on protest, she was abused and threatened.

It is submitted on behalf of petitioner that due to political rivalry, petitioner has falsely been implicated in this case. Informant and petitioner are elected office-bearers of Student Union. No such incident has taken place. It is further submitted that there is general and omnibus allegation. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.2763 of 2020(2) dt.27-02-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah in connection with Bettiah Town P.S. Case No. 506 of 2018 on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T