Shiv Ranjan Singh @ Haguwa v. The State Of Bihar
Patna High Court Cr.Misc. No.16513 of 2017 (2) dt.06-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16513 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Shiv Ranjan Singh @ Haguwa, Son of Suresh Singh, Resident of Village Harpur Bochcha, Police Station - Vidyapati Nagar, District- Samastipur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rana Sanjay Kumar Singh, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 07.01.2017 in connection with Vidyapati Nagar P.S. Case No. 125 of 2016 for the alleged offences under Sections 363, 366(A) of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated as the so-called victim girl has since returned and in her deposition recorded under Section 164 Cr. P.C., she has stated that she had gone away to her maternal aunt's house at Khagaria voluntarily, clearly stating that nobody had taken her away. It is submitted that as many as 13 named and 4-5 unknown persons have been made accused which itself makes the prosecution story improbable. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant, appearing suo motu opposes the bail petition.
5. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody
Patna High Court Cr.Misc. No.16513 of 2017 (2) dt.06-04-2017 since 07.01.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Dalsingsarai, Samastipur in connection with Vidyapati Nagar P.S. Case No. 125 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/Ibrar U T