Mritunjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7502 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- KARPI District- Jehanabad ====================================================== Mritunjay Das Son Of Shri Duri Das Resident Of Village- Krapi Sarbali, P.SKrapi, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnesh Kumar, Adv : Mr. Kautilya Kumar Prasad, Adv : Mr. Vikas Kumar Singh, Adv For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 341,354(B) and 448 of IPC. Allegation against the petitioner is that he entered into the house of the informant and seeing her alone started to outrage her modesty.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact

Patna High Court CR. MISC. No.7502 of 2022(2) dt.22-06-2022 2/3 the present FIR is concocted and false story. He further submits that it appears from the FIR itself that the informant has tried to mislead the prosecution. He further submits that there is nothing specific against the petitioner. He further submits that the police, after investigation, submitted chargesheet against the petitioner on 27.10.2021 and the petitioner is in custody since 04.10.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 learned Court below where the case is pending in connection with Karpi P.S. Case No.184 of 2021, with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.7502 of 2022(2) dt.22-06-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T