Ashutosh Kumar @ Ashutosh Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15246 of 2022 Arising Out of PS. Case No.-341 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== Ashutosh Kumar @ Ashutosh Kr. Singh Son of Jay Shankar Singh Resident of village - Hariharpur, P.S.- Bodh Gaya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-08-2022 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 Bodh-Gaya P.S. Case No. 341 of 2020 lodged under Section 376(D) of the Indian Penal Code.

Learned counsel for the petitioner submits that from the F.I.R. itself it transpires that the main accused person is alleged to be the Shambhu Kumar. He further submits that the informant has clearly stated in her statement recorded under Section 164 Cr.P.C. that no sexual assault was made with her. He further submits that petitioner is in custody since 29.12.2021 having clean antecedent, chargesheet has already been filed in

Patna High Court CR. MISC. No.15246 of 2022(3) dt.03-08-2022 2/3 this case. He also submits that other co-accused Sanjay Kumar having same allegation, as like that of petitioner has been granted bail by the session court itself due to the reason that chargesheet was filed against Sanjay Kumar. But at the time of hearing of bail application of petitioner before the session court, chargesheet was not filed against him, it is due to this reason his bail was rejected by the session court.

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 Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No. 341 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following 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.

Patna High Court CR. MISC. No.15246 of 2022(3) dt.03-08-2022 3/3 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.) ritik/- U T