Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5097 of 2021 Arising Out of PS. Case No.-194 Year-2019 Thana- SILAO District- Nalanda ====================================================== Suresh Ram aged about 60 years S/O Late Banbari Ram Resident Of VillageBhadari, P.S.-SILAO, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Kumar No.1, Advocate For the Opposite Party :

Mr. MK Nirala, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner, the State and perused the case diary.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 363, 366A,504/34 of the Indian Penal Code and sections 8/12 of the POCSO Act.

As per the prosecution case, son of the petitioner Amit Kumar and other co accused kidnapped informant's daughter. Learned counsel for the petitioner submits that no specific overt act has been alleged against the petitioner and in fact he has no role in kidnapping of the informant's daughter and only being father of co-accused Amit Kumar, he has falsely been implicated in this case, and no incriminating material

Patna High Court CR. MISC. No.5097 of 2021(3) dt.22-06-2021 2/3 has been collected during course of investigation. He submits that the victim and said Amit Kumar were studying in same coaching institute and the petitioner is not aware of their whereabouts. Petitioner has claimed clean antecedent and he is in custody since 31.10.2019.

Learned counsel for the State opposes the prayer for bail. Considering the rival submissions of the parties, materials available on the record and the fact that no incriminating material has been collected against the petitioner and there is general allegation against him, let the petitioner, mentioned above, 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 Special FTC (POCSO Act) cum Additional Sessions Judge VII, Nalanda at Biharsharif in Silaso Police Station Case No. 194 of 2019 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.5097 of 2021(3) dt.22-06-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T