Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17147 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Rahul Kumar, aged about 19 years, Male, Son of Gonour Thakur, Resident of Village - Bokanekala, P.S.- Patahi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahebganj P.S. Case No. 369 of 2018 registered under Section 364(A) of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. The statement of victim boy was recorded under Section 164 of the Cr.P.C. by the learned Magistrate wherein he has stated that he has not named this petitioner in his statement. The petitioner has got no criminal antecedent.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail

Patna High Court CR. MISC. No.17147 of 2019(3) dt.26-06-2019 2/2 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Judge I cum A.C.J.M. I (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 369 of 2018, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T