Patna High CourtCR. MISC./6414/2015bail granted

Rameshwar Singh @ Rameshwar Mukhiya @ Rameshwar Mukhiya Ji v. The State Of Bihar

2016-03-09Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6414 of 2015 Arising Out of PS. Case No. -65 Year- 2014 Thana -ARWAL District- JEHANABAD ====================================================== Rameshwar Singh @ Rameshwar Mukhiya @ Rameshwar (Mukhiyaji) S/o Late Beyadar Singh, resident of village - Doraha, P.S. Rampur Chauram, District - Arwal .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-03-2016 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 370,370(i), 372, 373 of the Indian Penal Code and Sections 3, 4, 5, 7 and 8 of the Immoral Traffic Act and Sections 6 and 8 of Protection of Children from sexual Offences Act registered in connection with Arwal P.S. Case No. 65/2014.

3. It is submitted that the petitioner has been falsely implicated as he did not have any house at the alleged place of occurrence nor he had taken any rented accommodation as he is the permanent resident of village Doraha having his own house where he resides with his family. It is further submitted that this case stands on better footing than that of the co-accused

Patna High Court Cr.Misc. No.6414 of 2015 (3) dt.09-03-2016 2/2 Nagendra Prasad @ Nagendra Nut who has been granted anticipatory bail by this Court vide Cr. Misc. No. 23740 of 2014.

4. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 01.04.2015 pending in the Court of learned Chief Judicial Magistrate, Jehanabad in connection with Arwal P.S. Case No. 65 of 2014 is hereby confirmed subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T