Ramkaran Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19779 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Ramkaran Singh Age - 55 Years, Male Son of Late Ram Avtar Singh, Resident of Village - Chakrave, Maniyari, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nafisuzzoha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354(B), 379, 504 and 506 of the Indian Penal Code registered in connection with Sakra P.S. Case No. 41 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation of misbehaviour with the informant's daughter is upon co-accused Subhas Saurav Kumar @ Raja. The petitioner has been implicated merely because he happens to be the father of said co-accused Subhas Saurav Kumar. The accusation of Marpit and snatching her Mangalsutra attributed to the petitioner is mere embellishment. There is inordinate delay in instituting the first information report on 28.01.2019 for the alleged occurrence of 19.01.2019. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.19779 of 2019(2) dt.04-04-2019 2/2 with two sureties of like amount each to the satisfaction of learned SubJudge XIII cum- Additional Chief Judicial Magistrate-IV, Muzaffarpur in connection with Sakra P.S. Case No. 41 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate 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.

BT/- (Vikash Jain, J) U T