Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39523 of 2017 Arising Out of PS. Case No.-47 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Manoj Kumar, Son of Late Laxmi Singh, Resident of Village- Daroga Tola, P.S.- Town, District- Motihari, East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Babita Kumari, Advocate Mr. Shashank Shekhar, Advocate For the State :

Mr. SRI S. EHTESHAMUDDIN, APP For the Informant Mr. Praveen Kumar, Advocate Mr. Alok Anand, Advocate Mr. Kundar Kr. @ Kundan Rothore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offecnes under Sections 323, 354, 406, 498A, 376 and 511/34 I.P.C.

Allegation against the petitioner is that he tried to commit rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 1.7.2017. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the

Patna High Court Cr.Misc. No.39523 of 2017(3) dt.19-09-2017 2/2 father-in-law of the victim. It has further been submitted on behalf of the petitioner that every month he shall deposit an amount of Rs.3000/- per month in the court below, which may be released in favour of the victim.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. On behalf of the informant, the offer made on behalf of the petitioner is accepted.

Considering the aforesaid facts and circumstances, it is ordered that 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Town P.S. case No.47 of 2017.

The petitioner shall deposit an amount of Rs.3000/- per month in the court below, which shall be released in favour of the victim. If the petitioner fails to do so, the court below will be at liberty to cancel the bail bond of the petitioner. (Sudhir Singh, J) Narendra/- U T