Govind Prasad @ Govinda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73848 of 2018 Arising Out of PS. Case No.-67 Year-2017 Thana- MANJHAGARH DistrictGopalganj ====================================================== Govind Prasad @ Govinda S/o Gautam Prasad resident of VillageKaranpura, P.S. Manjhagarh/ Garmanjha, District- Gopalganj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv Mr.Jitendra Kumar Singh,Adv For the Opposite Party Mr. Rajendra Prasad Nat, APP ====================================================== 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 363, 366, 376, 306, 114 IPC and later on Section 302 added and under Section 4, 8, 12 of the POCSO Act registered in connection with Manjhagarh P.S. Case No. 67 of 2017.
3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the brother of Ajit Kumar with whom the daughter of the informant had married and was living with. The only material against the petitioner is based on the statement of the said Ajit Kumar to the effect that the petitioner had arranged for a room for Ajit Kumar and the informant's daughter when they were staying at Gujarat, except which there is no objective material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of
Patna High Court Cr.Misc. No.73848 of 2018(4) dt.31-01-2019 2/2 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 1st Additional District & Sessions Judge, Gopalganj in connection with Manjhagarh P.S. Case No. 67 of 2017 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. (Vikash Jain, J) Chandran/- U T