Anil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7717 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- MAHILA THANA District- Begusarai ====================================================== ANIL KUMAR SAH, aged about 26 years, (M) Son of Yugal Sah R/o villageGanpataul, P.S- Mansurchak, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 323, 341, 504, 376 and 34 of the Indian Penal Code.

Informant who is the victim girl has alleged that on assurance of marriage petitioner established physical relation with her and when she asked him to marry he refused to marry her. It has been further alleged that petitioner deposited Rs. 1,11,000/- in bank account of his father and on 04.07.2018 he along with co-accused Rajkumar Sah, Kamleshwari Sah, Jaimala Devi and Sushila Devi came to her house and started

Patna High Court CR. MISC. No.7717 of 2019(3) dt.13-03-2019 2/3 assaulting her and her father and threatened her to re-fund his money otherwise her entire family will be killed. It has been submitted on behalf of the petitioner that he is innocent and in order to misappropriate his money he has been falsely implicated in this case. The victim girl has been medically examined and medical report assessed the age of victim girl to be 20 years and no injury or sign of any recent intercourse has been found. He is in custody since 22.11.2018. 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 court below where the case is pending in connection with Mahila P.S. Case No. 23 of 2018, with following condition:- (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

Patna High Court CR. MISC. No.7717 of 2019(3) dt.13-03-2019 3/3 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 cancellation of bail of the petitioner.

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