Dilip Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73547 of 2018 Arising Out of PS. Case No.-243 Year-2018 Thana- AMARPUR District- Banka ====================================================== Dilip Kumar Das Son of Bindeshwari Das Resident of Village-Pachiyarichak Ratanpur,P.S. Amarpur,Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2019 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), 506/34 IPC registered in connection with Amarpur P.S. Case No. 243/2018.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has clearly stated that she had voluntarily gone to her maternal grandmother's house after being scolded by her parents. She has stated that her parents had ongoing dispute with the petitioner and his father, as a result of which they had been falsely implicated. While returning from her grandmother's place she met petitioner's father, who brought her back home of her parents. The petitioner claims clean antecedents.

4. 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 CJM, Banka, in connection with Amarpur P.S. Case No. 243/2018,

Patna High Court Cr.Misc. No.73547 of 2018(3) dt.06-02-2019 2/2 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following 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 co-operate 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.

iv. 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. Chandran/- (Vikash Jain, J) U T