Tappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41401 of 2017 Arising Out of PS.Case No. -397 Year- 2017 Thana -PHULWARI District- PATNA ====================================================== Tappu Son of Md. Hamid, R/o Neura, P.S.- Janipur, District- Patna (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner, Informant and learned counsel for the State.

The petitioner is in custody since 01.07.2017 in connection with Phulwari Sharif P.S. Case No. 397 of 2017 for the offence registered under Sections 323, 341, 354, 354(A), 504, and 506/34 of the Indian Penal Code. The allegation against the petitioner is that he along with two others indulging in acts of eve teasing and thereafter, on the following day also made an attack on the mother of the informant, as a result of which, she sustained injuries and they have also been threatened with life by the petitioner and the other co-accused persons.

Learned counsel for the petitioner submits that the entire case is false and frivolous and is motivated by co-villagers, who are inimical terms with the petitioner. Be that as it may and in view of the fact that

the petitioner has got no criminal antecedent, let 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 Judicial Magistrate, 1st Class, Patna in connection with Phulwari Sharif P.S. Case No. 397 of 2017, subject to the following conditions:- (1) That one of the bailors shall be a close relative of the petitioner.

(2) That the petitioner shall not indulge in any similar offences till conclusion of the trial.

(3) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall cooperate with the investigation, if not

already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail (Anjana Mishra, J) Jagdish/- U