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Patna High CourtCR. MISC./31392/2019bail granted

Suryadeo Narayan Singh @ Surya Narayan Singh v. The State Of Bihar

2019-08-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31392 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- MAHILA P.S. DistrictPatna ====================================================== SURYADEO NARAYAN SINGH @ SURYA NARAYAN SINGH, aged about 58 years, male, Son of Late Laxmi Singh Resident of Village-Mahua Mukundpur, P.S-Mahua, District-Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 354(A), 376, 511 of the Indian Penal Code registered in connection with Mahila P.S. Case No. 105 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of a dispute in connection with purchase of building through the informant's husband. The informant had earlier filed an application before the Mahila Thana on 29.06.2018 with the completely different version and about a month later a different version appears in the present F.I.R. The prosecution story that the informant who is a resident of Patna fell ill and called the petitioner from Vaishali for physiotherapy is itself unbelievable. It is submitted that the informant along with one Swati Kumari illegally runs a beauty parlour and they extort money through blackmail. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.31392 of 2019(3) dt.07-08-2019 2/2

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Smt. Priya Shekhar, learned Judicial Magistrate Ist Class, Patna in connection with Mahila P.S. Case No. 105 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, 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. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T