Kamlesh Kumar @ Kamlesh Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.651 of 2016 (5) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.651 of 2016 Arising Out of PS.Case No. -239 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Kamlesh Kumar @ Kamlesh Kumar Rai Son of Ram Srinagar Rai, resident of Village- Morhar, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Pushpa Sinha No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner seeks bail in connection with Sahebganj P.S. Case No. 239 of 2015 registered for the offence punishable under Sections 376/511 of the Indian Penal Code.

Allegedly, the petitioner made an attempt co commit rape with the daughter of the informant but was caught. Submission is of false implication and that no such occurrence as alleged has taken place and due to some dispute the petitioner has been implicated, the earlier Officer-In-Charge Sahebganj was having illicit relationship with the informant to which the villagers objected, resulting, there was scuffle and Officer-In-Charge, Sahebganj instituted Sahebganj P.S. Case No. 142 of 2014 against villagers including the petitioner and

Patna High Court Cr.Misc. No.651 of 2016 (5) dt.08-03-2016 thereafter, got the petitioner implicated in this false case resulting the petitioner is suffering in custody since 10.10.2015 and the witnesses vide paragraph 9, 10 and 11 of the case diary have not supported the prosecution version to which learned APP opposes by submitting that that the petitioner was apprehended by the neighbours and was handed over to Police.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West Muzaffarpur in connection with Sahebganj P.S. Case No. 239 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T