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Patna High Court/25378/2023bail granted

Md.Danish Kamar v. The State Of Bihar

2023-05-23Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25378 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Md.Danish Kamar S/O Md. Rafiz Jama @ Md. Rafiuzzaman Resident of village- Bijai, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 17.02.2023 in connection with Kalyanpur P.S. Case No. 342 of 2022, F.I.R. dated 15.12.2022 for the offences punishable under Sections 341, 323, 324, 328, 307, 354B, 504 and 506 of the Indian Penal Code.

According to prosecution case, the petitioner entered into the house of the informant and started molesting her and when the informant raised objection, he poured kerosene oil on her and set her on fire. It is further alleged that the informant

Patna High Court CR. MISC. No.25378 of 2023(2) dt.23-05-2023 2/3 sustained burn injuries on her body.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has no concern at all with the offences as alleged in the F.I.R. He further submits that the injury report of the victim/informant suggests that the injury is simple in nature. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 17.02.2023.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate 3, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 342 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.25378 of 2023(2) dt.23-05-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T