Sonam Ram @ Suman Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51108 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -BISFI District- MADHUBANI ====================================================== Sonam Ram @ Suman Ram son of Jibachh Ram @ Jeebachh Mehara resident of village- Bajraha, P.S. Bisfi (Patouna), District- Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-04-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under Section 366, 379, 34 of the Indian Penal Code and that the victim girl has not only been recovered but also given her statement under Section 164 of the Cr.P.C. wherein her age has been found around 19 to 20 years and that she has also stated that she had married to the petitioner on her own sweet will and that she was leading a happy conjugal life, this Court would find the petitioner to entitled for grant of privilege of anticipatory bail. That being so, if the petitioner, namely, Sonam Ram @ Suman Ram surrenders before the court below within a period of four weeks from today, she shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the
Patna High Court Cr.Misc. No.51108 of 2014 (2) dt.30-04-2015 like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Madhubani in connection with Bisfi (Patauna) P.S. Case No. 80 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
(iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive
Patna High Court Cr.Misc. No.51108 of 2014 (2) dt.30-04-2015 dates, his bail will be liable to be cancelled on this ground alone. It is, however, made clear that if at any point of time the victim girl, namely, Mamta Kumari complains about illtreatment or anything else against the behavior of the petitioner, the present bail granted to him shall stand cancelled. (Mihir Kumar Jha, J) Rishi/- U T