Patna High CourtCR. MISC./2096/2021bail granted

Sonelal Kumar v. The State Of Bihar

2021-02-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2096 of 2021 Arising Out of PS. Case No.-264 Year-2016 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SONELAL KUMAR Son of Late Shivachandra Ram Resident of Village - Panapur Langa Rajendra Chowk, P.S.- Hajipur Sadar, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2021 Heard both parties.

The petitioner seeks bail in Hajipur Sadar P.S. Case No. 264 of 2016, registered for the offence punishable under Sections 306, 354 and 34 of the Indian Penal Code and section 8 of the POCSO Act.

Earlier bail application of the petitioner was rejected twice vide orders dated 01.04.2019 and 24.01.2020. This is third attempt.

It is submitted on behalf of the petitioner that similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide order dated 16.02.2017 passed in Cr. Misc. No. 5037 of 2017 and order dated 20.07.2017 passed in Cr. Misc. No. 32992 of 2017 (Annexure- 3 series).

Patna High Court CR. MISC. No.2096 of 2021(2) dt.24-02-2021 2/2 Chargesheet has already been submitted. Petitioner is in custody since 14.06.2019 having clean antecedent.

Considering the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 264 of 2016, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T