Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38363 of 2018 Arising Out of P.S.Case No. -186 Year- 2018 Thana -SHERGHATI District- GAYA ====================================================== Amit Kumar, S/o Birendra Yadav, resident of Village- Shri Rampur Tola, Balidih, P.S. Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Sherghati P.S.Case No.186 of 2018 registered for an offence under Sections 376 and 511 of the IPC.

As per FIR, the allegation against this petitioner is that he entered into the house of the informant and attempted to commit rape on her. The informant raised alarm whereupon some of the villagers assembled at the place of occurrence. It has been submitted that the petitioner has falsely been implicated in this case. The petitioner is in custody since 10.04.2018 having clean antecedent.

The learned APP opposed the submissions.

Patna High Court Cr.Misc. No.38363 of 2018 (3) dt.23-07-2018 2/2 Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Sherghati, Gaya in connection with Sherghati P.S.Case No.186 of 2018 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 cooperate in the disposal of trial and make themselves 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.

(Sanjay Kumar, J) B.Kr./- U T