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Patna High CourtCR. MISC./48486/2021bail granted

Suraj Kumar Das v. The State Of Bihar

2022-01-18Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48486 of 2021 Arising Out of PS. Case No.-466 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Suraj Kumar Das S/O Late Dular Das @ Chhathu Das R/o Mohalla- Chhath Pokhar, Tatama Toli, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2022 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with K.Hat ( Sahayak) P. S Case No. 466 of 2021 for the offences punishable under Section 363 of 365, 366(A)/34 of the Indian Penal Code.

As per allegation in the F.I.R that petitioner kinapped informant's daughter.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has been falsely implicated in this case. Further submits that victim girl has very fairly stated in her statement recorded under section 164 of the Cr.P.C

Patna High Court CR. MISC. No.48486 of 2021(4) dt.18-01-2022 2/3 that she has love affair with the petitioner Suraj Kumar and she solemnized her marriage with the petitioner. Petitioner is in jail custody since 09.06.2021.

The learned A.P.P opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K.Hat ( Sahayak) P.S.Case No. 466 of 2021 subject to the following conditions;-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.48486 of 2021(4) dt.18-01-2022 3/3 any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U T