Sujeet Kumar @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3851 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Sujeet Kumar @ Sujit Kumar, son of Ram Shankar Sharma, VillageHaripur Krishna, P.S. Sakara, District- Muzaffarpur, at present villageMajhauliya, P.S. Sadar, District Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 17-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No.109 of 2016/G.R. No.3729 of 2016 registered under Sections 341, 509, 354, 376, 427 and 506 of the Indian Penal Code.

The accusation is of carrying the informant by this petitioner to Patna, blackmailing her and also committing rape on her on several occasions giving threatening to her that otherwise her nude photographs will be loaded at Face-Book. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that while the

Patna High Court Cr.Misc. No.3851 of 2017 (3) dt.17-03-2017 2/3 informant has stated about carrying her by this petitioner to Patna and committing rape on her but in her restatement, she has stated about carrying her by this petitioner to Darbhanga. The father of the informant, in his statement, as detailed in paragraph-4 of the case diary, has stated about carrying her daughter by this petitioner to Patna and making attempt of committing rape on her. While the Investigating Officer, during investigation, tried to record the statement of the mother of the informant but she did not turn up, as detailed in paragraph-58 of the case diary. Further submission is that the petitioner having no criminal antecedent is in custody since 10.09.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Mahila P.S. Case No.109 of 2016/G.R. No.3729 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on

Patna High Court Cr.Misc. No.3851 of 2017 (3) dt.17-03-2017 3/3 each and every date fixed in the case, during the course of the trial. If the petitioner fails to attend the trial court, during the course of the trial, on two consecutive dates, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T