Vijendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35825 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== Vijendra Kumar Son of Lalan Yadav, Resident of Village - Bakeyapar, P.S.- Rampur Chauram, District - Arwal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Sinha, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Learned counsel for the petitioner submits that due to inadvertence the "Jehanabad" has also been added in addition to Arwal in the prayer portion and he seeks permission to correct the same.
Permission granted.
Learned counsel for the petitioner is directed to correct the same in course of the day.
Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Rampur Chauram P.S. Case No. 21 of 2022, lodged under Sections 354, 354 (A) & Section 457 of the Indian Penal Code. As per the prosecution story, the informant alleged that the petitioner has entered in the house of the informant and tried to outrage the modesty of informant, upon halla the local
Patna High Court CR. MISC. No.35825 of 2022(2) dt.19-09-2022 2/3 persons reached there and all assaulted the petitioner and villagers have handed over him to the Police. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that both informant and petitioner are resident of same village, they are well known to each other and they are in habit of meeting with each other frequently. He further submits that for the same time and date of occurrence there are two cases, one is by the informant and another is by the petitioner (Annexure-2). Learned counsel for the petitioner submits that petitioner is in custody since 13.03.2022, having clean antecedent and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.
Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner has forcefully entered in the house of informant, it is due to this reason she raised halla.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.35825 of 2022(2) dt.19-09-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate-I, Arwal in connection with Rampur Chauram P.S. Case No. 21 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T