Patna High CourtCR. MISC./21079/2016bail granted

Sonu Kumar v. The State Of Bihar

2016-05-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21079 of 2016 Arising Out of PS.Case No. -182 Year- 2014 Thana -SURSAND District- SITAMARHI ======================================================

1. Sonu Kumar son of Nawal Kishore Prasad, resident of court Bazar, Ward No. 12, P.S.- Sitamarhi, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Braj Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 08.10.2015 passed in Cr. Misc. No. 22695 of 2015 on the ground that the informant now has been examined as P.W. 1 in the Sessions Trial No. 12 of 2014 wherein she has been declared hostile and during crossexamination by the defence she has specifically stated in paragraph-15 that the petitioner did not commit any wrong with her. The copy of the deposition of Kanchan Kumari has been annexed as Annexure-3 to this application.

The learned A.P.P. under the changed circumstances does not oppose the prayer for bail.

Patna High Court Cr.Misc. No.21079 of 2016 (2) dt.11-05-2016 2/2 In the facts and circumstances as stated above, considering that now the informant is not supporting her earlier version and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. 1st, Sitamarhi in in S. Tr. No. 12 of 2014 arising out of Sursand P.S. Case No. 182 of 2014, 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) Abhay/- U T