Hari Mohan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.2080 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2080 of 2018 Arising Out of PS.Case No. -348 Year- 2017 Thana -BRAHMPUR District- BUXAR ====================================================== Hari Mohan Singh, Son of Late Ram Janam Singh, Resident of VillageBharkhar, Police Station-Brahmpur, District-Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.11.2017 in connection with Brahmpur P.S. Case No. 348 of 2017 for the alleged offences under Sections 366A and 120B of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and merely because he happens to be the father of Sonu Kumar Singh with whom the informant's daughter is said to have eloped. It is submitted that even if the informant's daughter had eloped with the petitioner's son who was her tutor, the petitioner himself had no role to play and there is no specific accusation of overt act against him in the FIR. There is delay of about 20 days in instituting the FIR on 23.09.2017 for the alleged occurrence of 03.09.2017. 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

Patna High Court Cr.Misc. No.2080 of 2018 (2) dt.15-01-2018 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 348 of 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 co-operate 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.

(iv) 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. (Vikash Jain, J) Chandran/BT U T