Munchun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25990 of 2019 Arising Out of PS. Case No.-73 Year-2015 Thana- DHAKA District- East Champaran ====================================================== MUNCHUN SINGH S/o Lal Babu Singh R/o village- Chakitwal, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 387 IPC registered in connection with Dhaka P.S. Case No. 73/2015.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion and on the extra judicial confessional statement of co-accused Manoj Singh, except which there is no objective material to connect the petitioner with the alleged occurrence. The FIR is instituted against the unknown holder of mobile no. 8969036150 from which extortion call is said have been made, which does not belong to the petitioner. A statement is made at the Bar that the petitioner is not named in the three first information reports relating to the prior cases in which he is accused.

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) with two sureties of like amount each to the satisfaction of learned SDJM, Sikrahana at Dhaka, District Motihari, in connection with Dhaka

Patna High Court CR. MISC. No.25990 of 2019(2) dt.22-04-2019 2/2 P.S. Case No. 73/2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following 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 co-operate 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.

iv. 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/- U T