Om Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32978 of 2016 Arising Out of PS.Case No. -329 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Om Prakash Singh Son of Yogendra Singh Resident of MohallaBelbanwa, Motihari, Police Station- Town, Motihari, District- East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 09.06.2016 in connection with Motihari Town P.S. Case No. 329 of 2016 for the offences alleged under Sections 354C, 354D, 504, 506 and 500 of the Indian Penal Code and Section 66A, 66C and 66E of the Information and Technology Act, 2000.
3. It is submitted that the petitioner has been falsely implicated on the basis of the confessional statement of a waiter of a restaurant. Neither Sim Card in question stands in the name of the petitioner nor was the same recovered from his possession. The alleged letter said to have been written to the informant was also not in the handwriting of the petitioner.
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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Motihari Town P.S. Case No. 329 of 2016 with the
Patna High Court Cr.Misc. No.32978 of 2016 (2) dt.20-08-2016 2/2 following conditions:
(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.
(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 (Vikash Jain, J) B.T/Ibrar U T