Lalbabu Das v. The State Of Bihar

Patna High Court Cr.Misc. No.54458 of 2018 (3) dt.05-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54458 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Lalbabu Das S/o Harishchandra Das R/o Village Karariya Fateh Tola, P.S. Kotawa , District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Kotawa P.S. Case No. 75/2018, registered for the offences punishable under Section 376D of the Indian Penal Code and section 6 and 12 of the P.O.C.S.O. Act. Allegation against the accused persons is that they committed rape upon the daughter of the informant, took her photographs and also made video.

It has been submitted that petitioner has falsely been implicated in this case. He is not named in the F.I.R. No incriminating article has been found against the petitioner and his name has surfaced in this case during investigation. Petitioner has no criminal antecedent. He is in custody

Patna High Court Cr.Misc. No.54458 of 2018 (3) dt.05-10-2018 since 22.05.2018.

Considering the facts aforesaid, the petitioner abovenamed, 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 Additional District & Sessions Judge I-cum-Special Judge, East Champaran in connection with Kotawa P.S. Case No. 75/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) 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.

(S. Kumar, J) Vinita/- U T