Pappu Das v. The State Of Bihar

Patna High Court Cr.Misc. No.6583 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6583 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -GHOSI District- JEHANABAD ====================================================== Pappu Das S/o Bachchan Das, R/o Village- Gandhar Tola Maula Bigha, P.S.- Ghosi District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.11.2017 in connection with Ghosi P.S. Case No. 228/2017 for the alleged offences under Section 366(A) of the Indian Penal Code and later on added Section 4 of the POCSO Act, Sections 328 and 376 of the I.P.C.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion as evident from the statement of the so-called victim girl recorded under Section 164 Cr. P.C. wherein she has named co-accused Dhananjay Kumar who is said to have taken her away and established physical relation. The petitioner has not been named in the said statement and has been named merely because he happens to be the brother-in-law of the said co-accused Dhananjay Kumar. 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.6583 of 2018 (2) dt.15-02-2018 thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-1st, Jehanabad in connection with Ghosi P.S. Case No. 228/2017 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