Ghyanchandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52656 of 2021 Arising Out of PS. Case No.-143 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Ghyanchandra Singh Son Of Late Gorakh Singh R/O Village- Hajipur, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghyanchandra Singh, adv.

For the State :

Mr. Anun Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2022 Heard counsel for the petitioner.

The matter relates to Barauni P.S. Case No.143 of 2021 under Sections 323, 341, 504, 376 and 511 of the Indian Penal Code.

The prosecution case sadly depicts the present degradation of the moral value in the society. The lady has alleged that on 31.03.2021, the petitioner attempted to rape her while she was taking bath in her home and when she resisted, it is alleged that both the informant as well as her daughter was assaulted.

Charge sheet has already been filed in the matter and as such there is no question of tampering with the evidence. The petitioner is in jail since 07.04.2021 and as per para-3 of the bail application, he does not have any criminal antecedent.

Patna High Court CR. MISC. No.52656 of 2021(3) dt.11-04-2022 2/2 Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Barauni P.S. Case No.143 of 2021 to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai, subject to following conditions: (i) the Trial court shall look into his criminal antecedent and shall satisfy itself before releasing him on bail; (ii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself.

The bail application is allowed with the aforesaid observation.

(Rajiv Roy, J) Prakash Narayan /- U T