Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31887 of 2017 Arising Out of PS.Case No. -184 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Kumar Singh, S/o Radhakant Singh, Resident of VillageDubhan, P.S.- Madhuban, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.03.2017 in connection with Madhuban P.S. Case No. 184 of 2016 for the offences alleged under Sections 385 and 387 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the F.I.R. Except the confessional statement of co-accused, there is no other material to connect the petitioner with the alleged occurrence. Similarly situated coaccused Azadi Kumar and Balmiki Singh have been granted bail by this Court in Cr. Misc. No. 15809 of 2017 and Cr. Misc. No. 16584 of 2017 respectively. There is no recovery of any offending articles from the conscious possession of the petitioner. The petitioner is on bail in most of the cases in which he has been made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.31887 of 2017 (2) dt.13-07-2017 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 184 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 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.

(iv) 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.

(Vikash Jain, J) Md. Ibrarul/- U T