Ram Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37759 of 2021 Arising Out of PS. Case No.-60 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== KAMLESH KUMAR Son of Ram Dheyan Singh Resident of Village - Kali Bigha, P.S.- Amjhor, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376(G)/34 of the Indian Penal Code and u/s 4 of POCSO Act Prayer for bail of this petitioner was earlier rejected by this court vide order dated 19.03.2020 passed in Cr. Misc. No. 78011/2020. It is submitted that after framing of charge in this case some witnesses have been declared hostile and some of them, including the victim, have not supported the allegation as alleged in the FIR, which is evident from Annexure-4 series of the bail petition. Similarly situated accused Jitendra Kumar has already been granted bail by a co-ordinate Bench of this court vide order dated 04.08.2021 passed in Cr. Misc. No. 31392/2021 and desirability of consistency will require that this petitioner should also be released on bail. Petitioner claims clean

Patna High Court CR. MISC. No.37759 of 2021(2) dt.22-09-2021 2/2 antecedent and is in custody since 18.10.2019 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge, Rohtas at Sasaram in connection with Mahila (Rohtas) PS case No. 60/2019 on 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 and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her 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.

BKS/- (Prabhat Kumar Singh, J) U T