Sakindar Ram @ Sakindar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8210 of 2022 Arising Out of PS. Case No.-446 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== SAKINDAR RAM @ SAKINDAR KUMAR Son of Raju Ram Resident of Village- Jatkauli, P.S.- Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-06-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner is that he committed rape on 28.08.2021 at 2:00 A.M. on the point of pistol for which a Panchayati was held and the petitioner assured not to repeat such mistake in future. The petitioner again attempted to commit rape on 25.10.2021 at 11:00 P.M.

Patna High Court CR. MISC. No.8210 of 2022(2) dt.22-06-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Prior to the said occurrence, the petitioner had filed Sanha against the husband of the informant and others. The petitioner is neighbour of the informant. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.12.2021. It is further submitted that the victim in her statement recorded under section 164 Cr.P.C. has stated that after one month of Panchayati, the petitioner again molested her. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Haripur, in connection with Vaishali P.S. Case No. 446/2021 with a condition that :-

(1) One of the bailors must be close relative of the petitioner.

(2) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.8210 of 2022(2) dt.22-06-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners will liable to be cancelled.

(3) If the petitioner is found involved in similar nature of offence in future, his bail bond shall stand automatically cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T