Patna High CourtCR. MISC./48191/2014bail granted

Manoj Kumar v. The State Of Bihar

2015-02-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48191 of 2014 Arising Out of PS.Case No. -246 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ====================================================== Manoj Kumar, Son of Naresh Ram, Resident of village- Gaurav Nagar, Gopi Bigha, P.S.- Parwalpur,District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha For the Opposite Party/s : Mr. Chandra Bhushan Prasad, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-02-2015 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 365 and 366 of the Indian Penal Code. Taking into consideration the fact that the alleged victim Rajani Kumari is major aged about 18 years and she has given a complete go-bye to the entire criminal prosecution in her statement recorded under Section 164 Cr.P.C. vide Annexure-2, the prayer for bail of the petitioner is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P.S.Case No.246 of 2014, subject to the conditions that:

(a) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner,

Patna High Court Cr.Misc. No.48191 of 2014 (2) dt.20-02-2015 (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Arvind/- U T