Ekram Gaddi v. The State Of Bihar

Patna High Court Cr.Misc. No.29776 of 2017 (2) dt.10-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29776 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ekram Gaddi, Son of Amin Gaddi, Resident of Village- Dakahi, P.S.- Gopalpur, District- West Champaran..... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha For the Informant :- Mr. Satyawarat Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Gopalpur P.S. Case No. 73 of 2017 registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 8 of POCSO Act. Allegedly, Ibaran Gaddi, the son of the petitioner, tried to outrage the modesty of the informant and when the family members of the informant went at the house of the accused, the petitioner opened fire with rifle and co-accused Jaudin Gaddi opened fire with gun.

Submission is of false implication and that no offence under Section 8 of POCSO Act is made out against the petitioner, the petitioner without any fault is suffering in custody since

Patna High Court Cr.Misc. No.29776 of 2017 (2) dt.10-07-2017 28.05.2017 and as such he deserves sympathetic consideration. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that during investigation the allegation of firing was found true. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Ist-cum-Special Judge, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 73 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T