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Patna High CourtCR. MISC./24333/2020bail granted

Kalindra Kumar @ Kalindra Sao @ Kalendra Saw v. The State Of Bihar

2020-09-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24333 of 2020 Arising Out of PS. Case No.-178 Year-2019 Thana- BARH District- Patna ====================================================== KALINDRA KUMAR @ KALINDRA SAO @ KALENDRA SAW Son of Late Parmeshwar Sao Resident of Village- Nadwan, P.S.- Barh, District- Patna and at present residing at the House of Kalluji near Bajidpur Masjid, P.S.- Barh, DistrictPatna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Barh P.S. Case No. 178 of 2019 registered under sections 363, 365, 371 and 34 of the Indian Penal Code.

As per allegation in the FIR, the husband of the informant is stated to have sold the newly born child to Shashi Paswan.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 25.10.2019 giving him liberty to renew his prayer for bail after completing 10 months in custody. The

Patna High Court CR. MISC. No.24333 of 2020(2) dt.24-09-2020 2/2 petitioner having been in jail since 7.4.2019 has remained in custody for more than one year.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as stated above, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 1022 of 2019 (arising out of Barh P.S. Case No. 178 of 2019) on furnishing bail bond of Rs. 10,000/ (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 5th, Barh.

It is further directed that the petitioner shall cooperate in the trial and shall remain personally present on each date. In case of his absence on two consecutive dates for reasons not to the satisfaction of the learned trial Court, his bail bond shall be cancelled and he shall be taken into custody till conclusion of the trial.

(Partha Sarthy, J) sushma/- U T