Raju Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2185 of 2018 (2) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2185 of 2018 Arising Out of PS.Case No. -559 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Raju Kumar S/o Kail Chaudhary Mallah @ Dhanesh Chaudhary, R/o Village- Khiriyawan, P.S.- Madanpur, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.09.2017 in connection with Sherghati P.S. Case No. 559 of 2017 for the offences alleged under Sections 376, 511/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the accusations in the F.I.R. the ingredients of offences under Sections 376, 511 of the Indian Penal Code are not made out. Similarly situated co-accused Durga Chaudhary Mallah has been granted bail by this Court in Cr. Misc. No. 61441 of 2017. The petitioner claims clean antecedents.

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/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati at Gaya, in connection with Sherghati P.S. Case No. 559 of

Patna High Court Cr.Misc. No.2185 of 2018 (2) dt.16-01-2018 2017, 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