Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44117 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== PAPPU SINGH, Son of Sahdeo Singh Resident of Village - Darihara Nisak, P.S.- Dariyapur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Rajeev Nayan, App231 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 80 of 2021, for the offence punishable under Section 376 and 511 of the Indian Penal Code. The prosecution story, in brief, is that on 18.02.2021 at about 5.00 A.M. the wife of informant had gone to feed buffalo in the meantime, Pappu Singh (Petitioner) came there and began to misbehave with her, on protest, he knocked her down and with evil intention tore her clothes. On hulla, when the daughter of informant came there then the life and prestige of wife of informant could be saved. It has further been alleged that in the said occurrence, the accused person also snatched her

Patna High Court CR. MISC. No.44117 of 2021(3) dt.01-04-2022 2/3 gold jewellery (Jitiya) Learned counsel appearing on behalf of the petitioner submits that no case of sexual assault is made out against the petitioner. He further submitted that petitioner and informant were on inimical terms and with an intention to teach a lesson to the petitioner, he has been named in a false case. The petitioner has clean antecedent and he is in custody since 28.06.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner and submits that the illegal act of the petitioner is against the interest of the society and as such petitioner do not deserve to be released on bail.

Considering the aforementioned facts and circumstances of the case and nature of allegation against the petitioner as well as period of custody undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-XIII, Saran at Chapra in connection with Dariyapur P.S. Case No.

Patna High Court CR. MISC. No.44117 of 2021(3) dt.01-04-2022 3/3

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T