Pintu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28768 of 2020 Arising Out of PS. Case No.-107 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== PINTU RAM S/o Sita Ram Resident of Village- Dhibra, P.S.- Parsa Bazar, Dist. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Binod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Binod Shankar Modi, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Parsa Bazar P.S. Case No. 107 of 2018 for the offence punishable under Section 448/ 341/ 323/ 376/ 511 and 509 of the Indian Penal Code.

The petitioner is alleged to have entered inside the house of the informant on 21.04.2018 at 9 P.M. and had attempted to rape the informant at pistol point, however upon

Patna High Court CR. MISC. No.28768 of 2020(2) dt.10-11-2020 2/3 alarm being raised by the informant, the villagers had gathered, whereafter the petitioner had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 13.01.2020. It is further submitted that the petitioner is a close relative of the informant and in fact, he had helped her by getting her collapsed house reconstructed and when he had demanded re-payment of the loan amount, advanced to the informant, the informant has falsely implicated the petitioner in the present case.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail, however, subject to certain conditions.

Accordingly, the petitioner, above named, is

Patna High Court CR. MISC. No.28768 of 2020(2) dt.10-11-2020 3/3 directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIII, Patna in connection with Parsa Bazar P.S. Case No. 107 of 2018.

It is further directed that the petitioner shall mark his attendance before the S.H.O. of the concerned police station at 10 A.M. on each and every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of regular bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) Tiwary/- U T