Patna High CourtCR. MISC./61653/2017bail granted

Manoj Thakur v. State Of Bihar And ANR

2018-02-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61653 of 2017 Arising Out of PS.Case No. -1034 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Manoj Thakur, Son of Balgobind Thakur, resident of Village- Kushaha, Police Station- Banka, District- Banka, District- Banka .... Petitioner

Versus

1. The State of Bihar.

2. Archana Devi W/o Subhash Mitra resident of Village- Manoharpur, P.S.- Nath Nagar, District- Bhagalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Balram Kapri, Advocate For the Opposite Parties : Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 376/34 IPC.

Counsel for the petitioner submits that because petitioner's mother had implicated Mahesh Yadav and Udeshwar Yadav in Complaint case no. 1946 of 2010, petitioner has been implicated in this false case which would be evident that said Mahesh Yadav and Udeshwar Yadav are witnesses in the instant case. Prior to the lodging of this case, he is accused in other cases mentioned in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in custody since 18.8.2016.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Banka in Sessions Trial No. 237 of 2017, Complaint case no. 1034 of 2017 on he following conditions:-

Patna High Court Cr.Misc. No.61653 of 2017 (3) dt.02-02-2018 (i) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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