Suraj Kumar @ Suraj Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30574 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -RUPAULI District- PURNIA ====================================================== Suraj Kumar @ Suraj Kumar Thakur, S/o Bikash Thakur, resident of Village- Ajhokopa, P.S.- Rupauli, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Rupauli P.S.Case No. 136 of 2016 registered for the offences punishable under Sections 341, 323, 379, 376, 511/34 of the Indian Penal Code and 10/12 of POCSO Act.

Allegation as per FIR is in two parts, in first part there is no allegation against the petitioner of committing rape upon the daughter of the informant and in second part there is allegation of committing rape upon her.

It has been submitted on behalf of the petitioner that as a matter of fact, prior to the present case the petitioner has lodged a case against the informant and her family members and proceeding of 107 Cr.P.C is going on and this false and concocted case has been filed by the informant and earlier also two other false and concocted cases have been filed by the informant. It has further been submitted that there is no allegation of committing rape against the petitioner, rather there is allegation of attempting

Patna High Court Cr.Misc. No.30574 of 2017 (3) dt.25-07-2017 2/2 to commit rape and he is in custody for more than five months. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Purnea, in connection with Rupauli P.S.Case No. 136 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U