Manohar Bind @ Manohar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21248 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== MANOHAR BIND @ MANOHAR KUMAR SON OF ADHIKLAL BIND R/O VILLAGE- RAJA RANI TALAB, P.S.- HAVELI KHARAGPUR, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 354A, 354B, 341 and 323 of the Indian Penal Code.

As per allegation, petitioner entered into informant's house and thereafter caught hold the informant and started pressing her chest and in the meantime on hearing cry of the informant, her mother rushed to the spot who was assaulted by the petitioner.

The main submissions advanced by the learned counsel for the petitioner are that petitioner has got no criminal

Patna High Court CR. MISC. No.21248 of 2022(2) dt.20-07-2022 2/3 antecedent and has been languishing in jail since 5.2.2022, victim has not been medically examined and both parties are next door neighbour. Further submission is that petitioner's father lodged a complaint case being Complaint case no. 118C/2022 against the prosecution party and on the same day of filing of the said complaint case, informant lodged the present case.

Learned APP has opposed the prayer for bail.

In view of above submissions and mainly considering petitioner's clean antecedent, custody period and his young age as mentioned in the petition, in my view, a lenient approach may be taken in respect of the petitioner. Let the 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 Judicial Magistrate Ist, Munger in Kharagpur P.S Case No. 51 of 2022 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.21248 of 2022(2) dt.20-07-2022 3/3 (2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J) s.hassan/- U T