Urmila Singh @ Urmila Devi @ Urmila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2458 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== URMILA SINGH @ URMILA DEVI @ URMILA s/o Sri Ramesh Kumar Singh Resident of Village- Narayanpur, P.S. Piro (Hasan Bazar), DistrictBhojpur (Arrah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv, Ms. Swati Sinha, Adv and Mr. Udbhav, Adv For the State :

Md. Shakir Ahmad, APP For the O.P. No. 2 :

Mr. Madanjeet Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 376(d) of the Indian Penal Code and Section 6 of the POCSO Act.

Allegation is of committing rape upon the daughter of the Informant by FIR named accused. Petitioner is not named in the FIR.

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

Patna High Court CR. MISC. No.2458 of 2019(5) dt.13-03-2019 2/3 enmity. Petitioner has got no criminal antecedent and is in custody since 28.11.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mahila P.S. Case No. 129 of 2018, 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, prosecution will be at liberty to move for

Patna High Court CR. MISC. No.2458 of 2019(5) dt.13-03-2019 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U