Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78879 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- PARAIYA District- Gaya ====================================================== Sonu Kumar, Son of Ashok Paswan, Resident of Mohalla- Azmatganj, Paraiya Bazar, P.S.- Paraiya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Paraiya P.S. Case No. 138/2018 registered for the offence punishable under Sections 376/34 of the Indian Penal Code.

Allegation against the petitioner is to have committed rape upon the informant and co-accused, Mister Alam was standing there.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has further been submitted that there was love affair between the informant, who is major, and the petitioner and on the day of occurrence, mother of victim had seen them in objectionable condition and that's why the petitioner's name has been dragged

Patna High Court Cr.Misc. No.78879 of 2018(3) dt.25-02-2019 2/3 in this case. The statement of victim girl has been recorded under Section 164 Cr.P.C. where she has slightly changed her version which creates doubt over involvement of petitioner in this case. Petitioner has got no criminal antecedent and is in custody since 06.09.2018. Similarly, situated co-accused person has been granted bail vide order dated 06.12.2018 passed in Cr. Misc. No.69527 /2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., -III, Gaya in connection with Paraiya P.S. Case No. 138/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.78879 of 2018(3) dt.25-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T