Sujeet Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19709 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Sujeet Kumar Patel Son Of Chhotelal Ray R/o Village- Dihuli Ishak, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Hans Lal Kumar, Adv.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-05-2023 Heard Mr. Krishna Prasad Singh, learned senior counsel, duly assisted by Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Raj Kishore Singh, learned Additional Public Prosecutor for the State.
This is the second attempt made by the petitioner renewing his prayer for bail in connection with Muzaffarpur Mahila P.S. Case No. 24 of 2022 registered for the offences punishable under Sections 448, 506, 503, 499 and 376 of the Indian Penal Code and Section 67A of the Information Technology Act.
Earlier, the prayer for bail of the petitioner was rejected vide order dated 15.02.2023 passed in Cr. Misc. No. 51727 of 2022, after taking into consideration the specific
Patna High Court CR. MISC. No.19709 of 2023(3) dt.17-05-2023 2/3 nature of accusation and complicity of the petitioner in committing rape upon the victim thereafter he continued his misdeed even after her marriage by making some photographs viral.
While rejecting the prayer for bail of the petitioner, this Court taking note of the delay in lodging of the FIR, liberty was granted to renew his prayer for bail after framing of charge. Vide order dated 05.04.2023, this Court had called for the status report from the learned jurisdictional court and it has been apprised to this Court that the charges have already been framed on 27.02.2023 and the summons have been issued to the witnesses for recording of their evidences. On the other hand, learned counsel for the State, opposed the bail application and submitted that there is no overwhelming circumstances warranting reconsideration of the prayer for bail of the petitioner.
Regard being had to the submissions made on behalf of the parties and considering the observation made by this Court and also the fact that the charges have already been framed, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.19709 of 2023(3) dt.17-05-2023 3/3 learned Chief Judicial Magistrate, Muzaffarpur in connection with Mahila P.S. Case No. 24 of 2022, subject to the condition that the petitioner shall mark his attendance on the 1st week of every month for one year or till conclusion of the trial, whichever is earlier, in the office of the Superintendent of Police, Muzaffarpur and in case he would be found indulge in threatening the witnesses or the victim, the State/informant/victim would be at liberty to file an application for cancellation of his bail bonds.
One of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) rohit/- U T