Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75613 of 2018 Arising Out of PS. Case No.-487 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Chandan Kumar Son of Ram Swaroop Mahto, Resident of Village- Tilokhar, P.S.- Lakhisarai, District- Lakhisarai.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjeev Kumar, Advocate For the Opposite Party :
APP For the Informant :
Mr. Abhay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A), 504, 506/34 of the Indian Penal Code and Section 8 of the POCSO Act registered in connection with Lakhisarai P.S. Case No. 487 of 2018.
3. It is submitted that the petitioner has been falsely implicated as the so-called victim girl is major whose date of birth is 01.05.1998 according to her Voter Identity Card. In her deposition recorded under Section 164 of the Cr. P.C., she has stated that she has solemnized court marriage with the petitioner. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the anticipatory bail petition.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.75613 of 2018(3) dt.31-01-2019 2/2 Additional District and Sessions Judge 1, Lakhisarai in connection with Lakhisarai P.S. Case No. 487 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) 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. (iv) That 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.
BT/Chandran (Vikash Jain, J) U T