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Patna High CourtCR. MISC./54628/2019bail granted

Rahul Kumar Ram v. The State Of Bihar

2019-10-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54628 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- BHORE District- Gopalganj ====================================================== RAHUL KUMAR RAM Son of Byas Ram Resident of Village- Luhsi Harijan Tola, P.S.- Bhore, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anurag Saurav, Advocate For the Opposite Party :

Mr.Pranav Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 376/34 of the Indian Penal Code and under the POCSO Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the victim in her section 164 Cr.P.C. statement has not levelled any allegation against the petitioner rather she has stated that it was the petitioner who tried to save her from co-accused Rakesh Kumar. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Petitioner is in custody in the instant case since 12.6.2019. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.54628 of 2019(3) dt.25-10-2019 2/2 In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Sessions Judge I, Gopalganj in Bhore Police Station Case No. 199 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers 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