Manish Kumar @ Sumeet Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 45 of 2015 Arising out of P.S. Case No. - 187 Year- 2014 Thana - Daudnagar District- AURANGABAD ======================================================== Manish Kumar @ Sumeet Sharma Son of Sri Baliram Sharma Resident of Village - Pilchhi P.S- Daudnagar, District - Aurangabad, under the guardianship of his father Sri Baliram Sharma. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s ======================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh, Adv. For the Respondent/s : Mr. Kalyan Shankar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 The present Criminal Revision Application is directed against the order dated 24.09.2014 passed by the 1st Additional Sessions Judge, Aurangabad in Cr. Appeal No. 81 of 2014/09 of 2014 affirming the order dated 09.10.2014 passed by learned Principal Magistrate, Juvenile Justice Board, Aurangabad in Daudnagar P.S. Case No. 187 of 2014 (G.R. No. 484 of 2014, T.R. No. 871 of 2014) registered under Sections 376/511/34 of the Indian Penal Code whereby prayer for bail of the Petitioner has been rejected.

It has been submitted that the Petitioner is named in the First Information Report of having attempted to commit rape upon the Informant but subsequently the matter was compromised.

The

Patna High Court CR. REV. No.45 of 2015 dt.26-02-2015 categorical submission is that the Petitioner has fair antecedents and his father undertakes his responsibility. Considering such aspects of the matter, the order dated 24.09.2014 passed by the 1st Additional Sessions Judge, Aurangabad in Cr. Appeal No. 81 of 2014/09 of 2014 affirming the order dated 09.10.2014 passed by learned Principal Magistrate, Juvenile Justice Board, Aurangabad in Daudnagar P.S. Case No. 187 of 2014 (G.R. No. 484 of 2014, T.R. No. 871 of 2014) is, hereby, set aside.

Accordingly, this application is allowed.

Let the Petitioner, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Principal Magistrate, Juvenile Justice Board, Aurangabad in connection with Daudnagar P.S. Case No. 187 of 2014 (G.R. No. 484 of 2014, T.R. No. 871 of 2014) 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 Petitioners and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state

Patna High Court CR. REV. No.45 of 2015 dt.26-02-2015 that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T