Sujeet Kumar Das @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8191 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== SUJEET KUMAR DAS @ SUJEET KUMAR, Male, aged about 21 years, S/O Rajendra Das, R/O Village- Barhara, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

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

Informant who is the mother of victim has stated tht on 11.09.2018 at about 10:00 P.M. her minor daughter Amrita Kumari had gone outside on the hand pump to fetch some water meanwhile Sanjeet Kumar (petitioner) forcibly dragged her in the field and established physical relation with her, when her daughter did not return she went outside in her search upon which Sujeet Kumar (petitioner) fled away after threatening her not to make any complaint against him. Her daughter also stated that one month prior also petitioner had

Patna High Court CR. MISC. No.8191 of 2019(2) dt.02-04-2019 2/3 forcibly committed rape with her.

It has been submitted on behalf of petitioner that petitioner and informant are next door neighbours. The incident is of 11.09.2018 whereas FIR was instituted on 05.10.2018. It has been further stated that in medical examination it has come that the victim was carrying pregnancy of 7.6 weeks. Petitioner has no criminal antecedent and is in custody since 06.11.2018.

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/- (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 Birpur P.S. Case No. 117 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.8191 of 2019(2) dt.02-04-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T