Balmiki Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53659 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Balmiki Gupta Son of Angad Gupta @ Angad Kumar Resident of VillageArjunpur, P.S.- Buxar (Industrial), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-01-2022 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Buxar ( Industrial) P. S Case No. 93 of 2021 for the offences punishable under Section 366A of the Indian Penal Code.

As per allegation in the F.I.R informant's daughter Anita Kumari left her house and eloped with one co-villager Nitesh Kumar.

Learned counsel for the petitioner submits that petitioner has falsely implicated in this case. The victim was love affair with co-accused Nitesh Kumar. Further submits that

Patna High Court CR. MISC. No.53659 of 2021(2) dt.11-01-2022 2/3 statement under section 164 of the Cr.P.C was recorded in which she stated that she was love affair with Nitesh Kumar and she left her house with Nitesh Kumar. Petitioner has languishing in jail custody since 02.06.2021. Nitesh kumar has already been granted bail by the learned court below on 16.07.2021 in B.P.No. 391 of 2021.

The learned A.P.P opposed the prayer for bail of the petitioner and submits that petitioner is having one case, which manifests in supplementary affidavit filed by the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, 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 learned Chief Judicial Magistrate Buxar in connection with Buxar ( Industrial) P.S.Case No. 93 of 2021,subject to the following conditions;-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.53659 of 2021(2) dt.11-01-2022 3/3

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U