Patna High CourtCR. MISC./17882/2017bail granted

Kumod Rai v. The State Of Bihar

2017-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17882 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Kumod Rai S/o Kishun Rai, Resident of village - Muza, P.S. Deoriya, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jyotsna Rani Mishra, Advocate For the Opposite Party/s : Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 This is an application for grant of bail for offences punishable under Sections 376, 511 and 506 of the Indian Penal Code.

Earlier petitioner had moved before this Court for grant of bail which was rejected vide order dated 19.1.2017 passed in Cr. Misc. no. 49630 of 2016 with liberty to him to renew his prayer for bail after framing of charge.

It has been submitted on behalf of the petitioner that charge has been framed in this case which is apparent from Annexure-3 to this petition dated 13.2.2017. Petitioner is in custody for about ten months and he has got no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.17882 of 2017 (2) dt.19-04-2017 2/2 Having heard both sides, in view of the fact that charge has been framed in this case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twentyfive thousand only) with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge, Muzaffarpur, in connection with Sessions Trial no. 790 of 2016 arising out of Deoriya P.S. Case no. 69 of 2016 with the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Accordingly, this application stands allowed. (Vinod Kumar Sinha, J) sudip/- U T