Satish Kumar Gupta @ Munchun Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.46295 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46295 of 2017 Arising Out of PS.Case No. -133 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Satish Kumar Gupta @ Munchun Gupta Son of Karn Prasad Gupta, R/o Village- Bahadurpur, Armauli, P.S.- Ghatho, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dalsinghsarai (Ghatho) P.S.Cae No.133 of 2017 registered for offences punishable under Sections 376/511 of the Indian Penal Code.

Allegation against the petitioner is that he called the daughter of the informant and tried to commit rape upon her. Submission of the learned counsel for the petitioner is that his wife has contested election for Sarpanch against the present Sarpanch and at the instance of the present Sarpanch, this case has been lodged and the petitioner is in custody for about four months. He has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46295 of 2017 (2) dt.20-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO, Samastipur in connection with Dalsinghsarai (Ghatho) P.S.Case No.133 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate 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 reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T