Birendra Risideo @ Birendra Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9332 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== Birendra Risideo @ Birendra Rishi Son of Rambhajju @ Ram Bhajan Rishidev Resident of Village - Jay Prakashnagar, Ward No.7, P.s. and Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Araria (Mahila) P.S. Case No. 69 of 2021 registered for the offence under Sections 341, 323, 324, 354A, 376 and 511 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 09.06.2021.

The allegation against the accused/petitioner is to made an attempt for rape upon the informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.9332 of 2022(2) dt.08-06-2022 2/3 submitted that the petitioner have been falsely implicated in this case in the back-drop of transactions of money received after selling of land. It has further been submitted that petitioner is a man of clean antecedent and chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State fairly conceded that chargesheet has already been submitted in this case.

Considering the facts and circumstances as mentioned above, as petitioner was in inimical terms with the informant coupled with the fact that chargesheet has been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Araria (Mahila) P.S. Case No. 69 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Araria, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and

Patna High Court CR. MISC. No.9332 of 2022(2) dt.08-06-2022 3/3 exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.

(ii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T