← Library
Patna High CourtCR. MISC./36470/2019bail granted

Awadhesh Das @ Awadhesh Kumar Das v. The State Of Bihar

2019-06-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36470 of 2019 Arising Out of PS. Case No.-426 Year-2017 Thana- PUPRI District- Sitamarhi ====================================================== Awadhesh Das @ Awadhesh Kumar Das (Male), aged about 28 years, Son of Late Shyam Das, Resident of Village-Pathanpura, Police Station-Sursand, District-Sitamarhi, Temporary address R/v-Bhantabari, P.S.-Pupri, District Sitamarhi.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.03.2019 in connection with Pupri P.S. Case No. 426 of 2017 for the offences alleged under Sections 363 and 366/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, the grand-daughter of the informant was dissatisfied with her marriage with Rohit Mandal which has led to lodging of the present FIR. The petitioner has not been named in the deposition of the so-called victim girl recorded under Section 164 of the Cr.P.C. and has no concern with the entire occurrence and the family members of the so-called victim girl. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named 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 learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 426 of 2017 on the following conditions:-

Patna High Court CR. MISC. No.36470 of 2019(2) dt.12-06-2019 2/2 (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 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. (iv) 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.

(Vikash Jain, J) BT/- U T