Dharmdeo Koiri @ Dharmdeo Mahto @ Dhrmendra Koiri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67582 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- MAHILA PS District- Buxar ====================================================== Dharmdeo Koiri @ Dharmdeo Mahto @ Dhrmendra Koiri Son of late Jagdeo Koiri@ Jagdeo Mahto R/o Village- Padri, P.S. Buxar (Ind), Distt. Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Kamal Deo Sharma For the Opposite Party/s :
Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Buxar (Mah.) P.S. Case No. 72 of 2018 registered for the offence punishable under Sections 341, 354 (A)(i) of the Indian Penal Code and Section 12/5(K) of POCSO Act.
Informant has alleged that petitioner tried to commit rape on her minor daughter and thereafter by biting she fled away.
It has been submitted on behalf of the petitioner that there is land dispute between the parties and they are on litigating term and petitioner is 68 years old. Petitioner has no criminal antecedent and he is in custody since 05.09.2018.
Patna High Court Cr.Misc. No.67582 of 2018(2) dt.27-11-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-1st Cum Special Judge POCSO Act, Buxar, in connection with Buxar (Mah.) P.S. Case No. 72 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) 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.
(S. Kumar, J) veena/- U T