Sanjeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14668 of 2022 Arising Out of PS. Case No.-111 Year-2018 Thana- Jaynagar District- Madhubani ====================================================== Sanjeet Kumar Singh Son of Dorik Singh R/O Village - Parwa, P.S. - Jainagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 111 of 2018 lodged under Sections 448, 376, 511, 341, 506, 379/34 of I.P.C.

As per the prosecution case, it has been alleged that the cousin devar (brother-in-law) of the informant has entered in the house of informant at 9 pm and tried to rape. Upon call, the other family members reached and thereof the present case has been lodged.

Learned counsel for the petitioner submits that from the F.I.R., the alleged date of occurrence is 03.02.2018 whereas

Patna High Court CR. MISC. No.14668 of 2022(3) dt.11-08-2022 2/3 from the F.I.R. itself, it transpires that the information was given in the police station on 16.03.2018 that is near about delay of 13 days are there. Learned counsel further submits that informant's family as well as the petitioner's family are coparceners and used to reside in the same house. He submits that family dispute used to takes place between both the families which resulted into the institution of the present case in which not only the petitioner but his family members were made accused. Learned counsel further submits that petitioner is in custody since 25.11.2021, charge sheet has already been filed. On the point of his criminal antecedent, learned counsel for the petitioner submits that he is ready to fulfill all the conditions whatsoever it may be.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Madhubani in connection with Jaynagar P.S. Case No. 111 of 2018, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following

Patna High Court CR. MISC. No.14668 of 2022(3) dt.11-08-2022 3/3 conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Sadique/- Item No. 8 U T