Vijay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46091 of 2014 Arising Out of PS.Case No. -196 Year- 2014 Thana -BRAHMPUR District- BUXAR ====================================================== Vijay Thakur, Son of Late Ram Singhasan Thakur, resident of villageChanda, P.S.- Brahampur (Chakki O.P.), District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Brahampur P.S. Case No. 196 of 2014 dated 06.08.2014 instituted under Sections 377/511/506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though as per the allegation he is said to have attempted to commit unnatural offence on the nephew of the informant, but the allegation is false and fabricated as the petitioner being the driver of the vehicle carrying children cannot have attempted such an act in the town itself and further that there is reason of false implication as another school has also come up in the same vicinity which is the cause for this false implication as the school for which the petitioner works has been targeted to tarnish its image. Learned counsel submits that even as per the statement in the fardbeyan and that of the victim boy, there

Patna High Court Cr.Misc. No.46091 of 2014 (3) dt.03-03-2015 was only an attempt for committing the crime and the petitioner has no criminal antecedent and is in custody since 07.08.2014.

Learned A.P.P., upon going through the case diary submits that the victim boy has stated that the petitioner tried to commit the offence.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Brahampur P.S. Case No. 196 of 2014. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) P.K./- U T