Ganga Singh @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30419 of 2020 Arising Out of PS. Case No.-183 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Ganga Singh @ Laddu, Son of Sri Ajit Singh, Resident of VillageBishunpura, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-12-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No.66 of 2020 arising out of Mahila P.S. Case No.183 of 2018 registered for the offence punishable under Sections 376 and 420 of the Indian Penal Code.

The informant has alleged that she was intoxicated on

Patna High Court CR. MISC. No.30419 of 2020(3) dt.02-12-2020 2/3 the pretext of being given some Holi offerings, whereafter the petitioner has established physical relation with her. It is submitted that the informant is a married lady, already having two children. Petitioner's implication was on extraneous considerations. He is in custody since 04.11.2019 and has no criminal antecedents. The informant after deposing under Section 164 Cr.P.C. in support of the allegations has entered into a compromise on 22.06.2020 with the petitioner and is now living with him.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 court of learned Additional District & Sessions Judge-1st, Patna, in connection with Sessions Trial No.66 of 2020 arising out of Mahila P.S. Case No.183 of 2018, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will

Patna High Court CR. MISC. No.30419 of 2020(3) dt.02-12-2020 3/3 also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T