Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6611 of 2019 Arising Out of PS. Case No.-444 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== SURAJ KUMAR aged about 22 years s/o Mahender Ram @ Mahender Raut Resident of near Polytechnic Pani Tanki, P.H.E.D. campus, P.S.- Pataliputra, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.K.M.Joseph For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Pataliputra P.S. Case No. 444 of 2018 Special (POSCO) No. 195 of 2018 registered for the offence punishable under Sections 448, 342, 323, 504, 506, 354A, 354B, 354D/34 of the Indian Penal Code and Section 8 of POSCO.

Allegation against the petitioner is of trying to outrage the modesty of the Informant and using abusive language against her and also assaulting the father and mother of the Informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as he belongs to scheduled caste community. There is no medical evidence showing any physical injury on the person of the

Patna High Court Cr.Misc. No.6611 of 2019(2) dt.14-02-2019 2/2 Informant. It has been further submitted that the petitioner and Informant were on friendly terms and petitioner regularly used to visit the house of Informant. Petitioner has got no criminal antecedent and is in custody since 27.09.2018. 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 Additional Sessions Judge-1st cum Special Judge, POCSO, Patna, in connection with Pataliputra P.S. Case No. 444 of 2018 Special (POSCO) No. 195 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/her absence on two consecutive dates without sufficient reason, his/her 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 cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U