Patna High CourtCR. MISC./21591/2018bail granted

Chhotoo Kumar v. The State Of Bihar

2018-04-26Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.21591 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21591 of 2018 Arising Out of PS.Case No. -63 Year- 2014 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Chhotoo Kumar, son of Late Ishwari Yadav, Resident of VillageMushahari, Police Station- Islampur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad, Adv For the Opposite Party/s : Mr. J.K.Siingh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.06.2017 in connection with Islampur P.S. Case No. 63/2014 for the alleged offences under Sections 363, 366A, 376 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as it is a case of love affair between the petitioner and the so-called victim girl as evident from her statement recorded under Section 164 Cr.P.C. in which she claims to be of 18 years of age. The petitioner claims clean antecedents except Islampur P.S. Case No. 96/2017 for a different nature of offence.

4. Be that as it may, 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, Nalanda at Biharsharif in connection with Islampur P.S. Case No. 63/2014 on the following conditions:-

Patna High Court Cr.Misc. No.21591 of 2018 (3) dt.26-04-2018 (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 co-operate 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.

(iv) 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. Chandran/BT (Vikash Jain, J) U T