Patna High CourtCR. MISC./6878/2016bail granted

Rabindra Mehra v. State Of Bihar And ANR

2016-04-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6878 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Rabindra Mehra, son of Dinesh Mehra, resident of village Madhukarchak, Jhangartoli, P.S. Bihariganj, District Madepura .... .... Petitioner

Versus

1. The State of Bihar

2. Nisha Kumari, D/o Birju Uraon, R/o Village Madhukarchak, Jhangartoli, P.S. Bihariganj, District Madepura .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376, 420 and 34 of the Indian Penal Code registered in connection with Madhepura Mahila P.S. Case no. 32 of 2015.

3. It is submitted that the petitioner has been falsely implicated as the informant herself was already married to Rabindra Uraon as evident from her description in the medical papers issued by the Primary Health Centre, Bihariganj, Madhepura.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or

Patna High Court Cr.Misc. No.6878 of 2016 (3) dt.11-04-2016 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Madhepura Mahila P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T