Akash @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23363 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== AKASH @ AKHILESH KUMAR Son of Dukhi Lal Resident of Village - Hisua, Godam Par, P.S.- Hisua, District - Nawada, at Present residing at Gardani Bagh, Road no. 1, P.S.- Gardanibagh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365 and 366A of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is innocent, bears no criminal antecedent, not named in the F.I.R. and has been falsely implicated in the aforesaid case. He submits that the victim given her statement under Section 164 Cr.P.C. wherein she has taken the name of the petitioner. He further submits that date of occurrence is of 18.01.2019 but the statement under Section 164 Cr.P.C. has been taken on 21.01.2019.

Patna High Court CR. MISC. No.23363 of 2019(3) dt.26-06-2019 2/2 In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st Patna in connection with Jakkanpur Police Station Case No. 26 of 2019, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) 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.

(IV) 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. (Anjani Kumar Sharan, J) devendra/- U T