Patna High CourtCR. MISC./47489/2017bail granted

Shubham Kumar v. The State Of Bihar

2017-10-18Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.47489 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47489 of 2017 Arising Out of PS.Case No. -283 Year- 2017 Thana -TEKARI District- GAYA ====================================================== Shubham Kumar, Son of Somnath Singh, Resident of Village- Shahganj, Police Station- Konch, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.07.2017 in connection with Tekari P.S. Case No. 283 of 2017 for the alleged offences under Sections 366(A)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the so-called victim girl in her deposition under Section 164 Cr.P.C. has stated that she has voluntarily accompanied the petitioner and solemnized marriage with him. It is further submitted that the ingredients of Section 366(A) IPC are not made out against the petitioner who 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 thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 283 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.47489 of 2017 (2) dt.18-10-2017 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