Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11514 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Manish Kumar Son of Gajendra Ram Resident of Village - Amritpur, P.S.- Vaishali, District - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and Section 7, 8, 12 of the POCSO Act. Prosecution case is that when the informant was going to coaching then three persons were surrounded her. One Rajiv Kumar caught hold of her salwar and rest of other persons started hurling obscene words and comments. The accused Rajiv Kumar also slapped her. When she raised the alarm, they all fled

Patna High Court CR. MISC. No.11514 of 2021(2) dt.09-07-2021 2/3 away.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is a student and he was arrested merely on suspicion. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 13.09.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Lalganj P.S. Case No. 279 of 2020, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) 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 reasons, his

Patna High Court CR. MISC. No.11514 of 2021(2) dt.09-07-2021 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.

(IV) The petitioner shall co-operate 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. (Anjani Kumar Sharan, J) devendra/- U T