Patna High CourtCR. MISC./52585/2016bail granted

Narendra Kumar @ Nagendra Kumar v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52585 of 2016 Arising Out of PS.Case No. -182 Year- 2015 Thana -DHAMDAHA District- PURNIA ====================================================== Narendra Kumar @ Nagendra Kumar, Son of Sri Mahendra Sarraf, Resident of Village- Chandrahi, Dhamdaha, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rana Pratap Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.09.2016 in connection with Dhamdaha P.S.Case No. 182 of 2015 for the alleged offences under Sections 376, 354 and 342 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely in retaliation of an earlier complaint bearing Complaint Case No. 586 of 2015 filed on 24.02.2015 before the learned Chief Judicial Magistrate, Purnea by the petitioner against the husband of the informant and other persons. The present FIR has been instituted after an inordinate delay on 08.07.2015 for the alleged occurrence of 16.01.2015 which itself casts grave doubt about the veracity of the accusations.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri L.B. Paswan, learned Judicial Magistrate, Ist Class, Punea in connection with Dhamdaha P.S. Case No. 182 of 2015 on the following conditions -

Patna High Court Cr.Misc. No.52585 of 2016 (2) dt.16-12-2016 (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. (Vikash Jain, J) Chandran/BT U T