Patna High CourtCR. MISC./16778/2017bail granted

Ram Kumar v. The State Of Bihar

2017-04-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16778 of 2017 Arising Out of PS.Case No. -353 Year- 2014 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Ram Kumar, son of Jay Ram Mandal, resident of village Pagadih, P.S. Gaighat, District Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ganesh Prasad Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.02.2017 in connection with Gaighat P.S. Case No. 353 of 2014 for the offences alleged under Sections 341, 342, 323, 504, 354, 380 and 457 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and accusations are quite improbable as the informant herself is a married lady of 20 years of age. Similarly situated coaccused Bauwa Kumar @ Premjeet Kumar has been granted bail by this Court in Cr. Misc. No. 40141 of 2015. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, 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 Ist Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur in connection with Gaighat P.S. Case No. 353 of 2014 with the following conditions:-

Patna High Court Cr.Misc. No.16778 of 2017 (2) dt.08-04-2017 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) 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) B.T/Chandran U T