Deo Kumar Sah @ Dev Kumar Sahu @ Dev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26919 of 2017 Arising Out of PS.Case No. -207 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== Deo Kumar Sah @ Dev Kumar Sahu @ Dev Kumar, son of Hira Lal Sah, resident of Village- Balanpatyti, P.S.- Khutauna, Dist- Madhubani. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Phulparas P.S.Case No. 207 of 2015, corresponding to Sessions Trial No. 158 of 2017, registered for the offences punishable under Sections 363, 366A, 456 and 380/34 of the Indian Penal Code.

Petitioner is not named in the FIR.

It has been submitted on behalf of the petitioner that there is contradiction between the statement of victim under Section 164 Cr.P.C. and the statement in FIR and he is in custody for six months having no criminal antecedent. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be

Patna High Court Cr.Misc. No.26919 of 2017 (2) dt.12-07-2017 2/2 released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII, Madhubani, in connection with Sessions Trial No. 158 of 2017, arising out of Phulparas P.S.Case No. 207 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U