Gopal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73928 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Gopal Ram Son of late Chlitra Ram Resident of Village- Godargema, P.S. Matihani, District- Begusarai.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Section 364(A)/34 of the Indian Penal Code registered in connection with Matihani P.S. Case No. 96 of 2018.
3. It is submitted that the petitioner has been falsely implicated merely on suspicion and his name has surfaced on the basis of confessional statement of co-accused Gautam Kumar. The informant's husband has since been recovered and in his statement under Section 164 of the Code of Criminal Procedure, he has named four accused persons, namely, Gautam, Afroz, Manish and Sagir other than the petitioner who claims clean antecedents.
4. Learned APP has not referred to any material in the case diary to connect the petitioner with the two mobile numbers from which the ransom calls were made.
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)
Patna High Court Cr.Misc. No.73928 of 2018(3) dt.21-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Matihani P.S. Case No. 96 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) 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