Sandeep Ram @ Ramu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36695 of 2021 Arising Out of PS. Case No.-56 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sandeep Ram @ Ramu, aged about 25 years, Male, S/o- Umesh Ram Resident of Village- Ramchandrapur, P.S.- Pipariya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Lakhisarai P.S. Case No. 56 of 2021 registered for the offences punishable under Sections 363/365/120(B)/506/34 of the Indian Penal Code.

The prosecution case, in short, is that on 19.01.2021 at 3.15 P.M., the daughter of the Informant had gone for coaching classes but, when she did not return till 7 P.M., the search was started. During search, the Informant came to know that one Jairam @ Ghanti Kumar alongwith other accused person has kidnapped the girl with an intention to commit rape and they may also kill the girl.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36695 of 2021(5) dt.22-02-2022 2/3 petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. He further submits that the victim girl has been recovered and in the statement made under Section 164 Cr.P.C., she has categorically stated that she has performed marriage with the co-accused Amit Kumar on 05.08.2021 before the Registrar of Marriage, Gajiyabad, U.P. The petitioner is the brother-in-law of the coaccused Amit Kumar and he is languishing in judicial custody since 13.02.2021.

Learned Additional Public Prosecutor has vehemently opposed the prayer for bail but, fairly submits that petitioner carries no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 56 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.36695 of 2021(5) dt.22-02-2022 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) rishi/- U T