Pradeep Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2845 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- BALIA BELON District- Katihar ====================================================== PRADEEP RAY S/o Late Narayan Ray Resident of Unnaso Pachgachhi, P.S.- Balia Belaon, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Informant : Mr. Arjun Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2021 Heard counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Balia Belon P.S. Case No. 94 of 2019, registered for the offence punishable under Sections 448, 341, 323, 354, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, on 21.08.2019 this petitioner along with co-accused entered into the house of informant while she was alone and both of them outraged her modesty.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is case and counter case. FIR has been lodged after delay of five days from the date of occurrence for which there is no plausible

Patna High Court CR. MISC. No.2845 of 2021(2) dt.10-03-2021 2/2 explanation. Petitioner is in custody since 03.10.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case and period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Balia Belon P.S. Case No. 94 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T