Om Prakash Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13476 of 2020 Arising Out of PS. Case No.-56 Year-2018 Thana- KUNALI District- Supaul ====================================================== Om Prakash Kamat, aged about 23 years, Male, S/o Musahru Kamat, R/o village- Dagmara Tola Piprahi Ward No. -05, P.S.- Kunouli (Dagmara O.P.), P.S.- Piprahi, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhouri Vipin Bihari Shrivastava, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-07-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Kunouli (Dagmara O.P.) P.S. Case No. 56 of 2018 registered for the offices punishable under Sections 341, 376, 511 of the Indian Penal Code.

The prosecution case is that the informant namely Puja Devi reported before police wherein alleged that on 22.12.2018 at about 10 P.M., the petitioner knocked her gate and locked the door and told me to open the door in slow voice. She further alleged that he threatened if make alarm then he closed her mouth and the accused started slap with the informant. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence and

Patna High Court CR. MISC. No.13476 of 2020(5) dt.15-07-2020 2/2 the petitioner has no any criminal antecedent mentioned in paragraph-3 of the bail petition. He further submits that the informant has not been produced before the court below for her statement under Section 164 Cr.P.C., which makes suspicion. The victim has not examined by the Medical Officer. Petitioner is in jail custody since 25.12.2018. In paragraph-18 of the case diary, the police has written that the victim is living with the husband and his two children, therefore, there is no need to get her medically examined.

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge, Supaul in connection with Sessions Trial No.373 of 2019 arising out of Kunouli (Dagmara O.P.) P.S. Case No. 56 of 2018.

(Anjani Kumar Sharan, J) Nasimul/- U T