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Patna High CourtCR. MISC./60377/2018bail granted

Balram Singh v. State Of Bihar And ANR

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60377 of 2018 Arising Out of PS.Case No. -642 Year- 2004 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Balram Singh, Son of Late Sanchu Singh, resident of Village- Baranpur, P.S.- Katoria, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Uramila Devi, W/o Chandra Mohan Singh, resident of Village Baranpur, P.S.- Katoria, District- Banka.

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

For the Petitioner/s : Mr. Amrendra Kumar Jha For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Complaint Case No.642 of 2004 registered for offences punishable under Sections 354, 506, 341 of the Indian Penal Code.

Allegation against the petitioner is of commission of rape upon the complainant, however it appears form the impugned order that the cognizance has been taken under Section 354 and other Sections of the IPC.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he is in custody since 1.5.2018.

Patna High Court Cr.Misc. No.60377 of 2018 (2) dt.06-10-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Banka in connection with C-642 of 2004. 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T