Bholu Singh @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54544 of 2017 Arising Out of PS.Case No. -171 Year- 2017 Thana -LAXMIPUR District- JAMUI ======================================================

1. Bholu Singh @ Ashish Kumar, S/o Subodh Singh, Resident of VillagePanmarua (Harla), P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The petitioner seeks regular bail in connection with Laxmipur P.S. Case No. 171 of 2017, registered for offences punishable under Sections 341, 323, 376/511 of the Indian Penal Code and Section 12/13 of the POCSO Act.

Prosecution case is that co-accused of this case tried to outrage the modesty of the daughter of the informant and assaulted her, thereafter, she came to her house and told the informant about the occurrence then co-accused of this case assaulted the informant on the point of pistol but informant snatched away the said pistol from him and, thereafter, this petitioner snatched away another pistol from the co-accused and fled away. It has been submitted by learned counsel for the petitioner that no allegation under Section 376 Indian Penal Code

has been made against the petitioner and other allegations are ornamental and further the petitioner is 50% disable, in support of which he has annexed a certificate, which is annexure -2. Petitioner has been in custody since 24.08.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -1st, Jamui, in connection with Laxmipur P.S. Case No. 171 of 2017, subject to the following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T