Sitaram Tibrewal @ Avichal Tibrewal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45738 of 2014 Arising Out of PS.Case No. -132 Year- 2014 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sitaram Tibrewal @ Avichal Tibrewal Son of Bharat Tibrewal, Resident of Village - Purani Bazar Ram Nagar, P.S. - Ram Nagar, District - West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-02-2015 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
The petitioner seeks regular bail in connection with Ram Nagar P.S. Case No. 132 of 2014 for offences punishable under Sections 366, 497, 379, 504, 120B/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that the First Information Report has been lodged after delay of eight days even when, it has been stated in the First Information Report itself by the informant that he had talked with her sister (victim) on mobile phone on 04.07.2014 itself. It has been further pointed out by placing the statement made by the victim lady under Section 164 Cr.P.C. that the petitioner has not
Patna High Court Cr.Misc. No.45738 of 2014 (3) dt.04-02-2015 been named therein or no accusation has been made against the petitioner.
The learned Additional Public Prosecutor, however, has opposed the prayer of the bail.
Considering the aforesaid facts, let the above named petitioner be released 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 S.D.J.M. Bagaha, East Champaran in connection with Ram Nagar P.S. Case No. 132 of 2014 subject to the following condition:- (a) (a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;
(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;
(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the
Patna High Court Cr.Misc. No.45738 of 2014 (3) dt.04-02-2015 prosecution would be at liberty to move the Court for cancellation of bail.
Devendra/- (V. Nath, J) U T