Amrendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8543 of 2019 Arising Out of PS. Case No.-854 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== AMRENDRA KUMAR, aged about 20 years, (M), Son of Vishwanath Ram Resident of village- Kotwa Pokhra, P.S. Kotwa, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar @ Sonu, Adv.
For the Informant :
Mr. dhananjay Kumar No.2, Adv For the Opposite Party/s :
Mr.Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Motihari Town P.S. Case No. 854 of 2018 registered for the offences punishable under Sections 420, 376 of the Indian Penal Code.
Informant has alleged that on the pretext of marriage, petitioner made physical relation with her and refused to marry with her.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 11.12.2018.
Patna High Court Cr.Misc. No.8543 of 2019(2) dt.18-02-2019 2/2 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 854 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 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