Geni Bind @ Gyani Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79727 of 2018 Arising Out of PS. Case No.-558 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Geni Bind @ Gyani Bind, Son of Late Vikram Bind, Resident of villageChand Oroiyan, Police Station- Bhabua, District- Kaimur (Bhabua) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Praveen Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 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, 376, 354(B), 323, 511 and 452 of the Indian Penal Code registered in connection with Bhabua P.S. Case No. 558 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation of attempting to outrage modesty and to commit rape upon the complainant-informant. It is submitted that there is delay of three days in filing the complaint petition on 20.06.2018 for the alleged occurrence of 17.06.2018 which casts serious doubt about the veracity of the accusation. The petitioner's side has also filed a complaint petition which has been converted into Bhabua P.S. Case No. 591 of 2018. The petitioner is also accused in another case of different nature.

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.79727 of 2018(2) dt.25-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 558 of 2018, subject to the conditions as laid down under Section 438 (2) 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/Chandran (Vikash Jain, J) U T