Amarjeet Ram @ Amarjeet Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28354 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Amarjeet Ram @ Amarjeet Kumar Ram S/o Baleshwar Ram, R/o Vill.- Chandaur, P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Shanker Prasad For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2018 The petitioner is apprehending his arrest in connection with Bhagwanpur P.S. Case No. 96/17, registered for offences punishable under Sections 376 and 511 of the Indian Penal Code and Section 8 of the POCSO Act, 2012.
Allegation against the petitioner is of try to commit rape on the minor daughter of the informant.
It has been submitted on behalf of the petitioner that earlier to filing of the present case, petitioner has filed a case against the informant and others and in retaliation, the present false case has been lodged and no such occurrence has taken place. Further there is long standing land dispute between the parties. It has also been submitted that co-accused having similar allegation has already been granted the privilege of anticipatory
Patna High Court Cr.Misc. No.28354 of 2018 (5) dt.06-08-2018 2/3 bail by a coordinate Bench of this Court vide order dated 21.12.2017 passed in Cr. Misc. No. 60787 of 2017. Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case and also the fact that co-accused having similar allegation has already been granted the privilege of anticipatory bail, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I cum Special Judge, POCSO Act, in connection with Bhagwanpur P.S. Case No. 96/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as
Patna High Court Cr.Misc. No.28354 of 2018 (5) dt.06-08-2018 3/3 and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T