Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3028 of 2020 Arising Out of PS. Case No.-212 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== SONU KUMAR Son of Pramod Kamti @ Pramod Kewat Resident of Village - Hansopur, P.S.- Khanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 376, 419, 420, 363 and 34 of the Indian Penal Code.

Informant who is a married woman has alleged that on false promise of marriage, petitioner developed sexual relationship with her. The petitioner asked her to hand over her son to one Khushboo Kumari and the victim handed over her son to said khushboo Kumari and thereafter petitioner switched off his mobile phone.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has

Patna High Court CR. MISC. No.3028 of 2020(2) dt.18-01-2020 2/3 further been submitted that good relations have developed between the parties and informant does not want to proceed further in this matter and a compromise petition has been filed before the court below to that effect, as contained in Annexure

2. It has further been submitted that son of the informant is with her at present. Petitioner has no criminal antecedent and he is in custody since 02.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Biraul P.S. Case No. 212 of 2019 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 on two consecutive dates without sufficient reason, 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,

Patna High Court CR. MISC. No.3028 of 2020(2) dt.18-01-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T