Kanchan Kumar @ Kanchan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50462 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- MAHILA PS District- Buxar ====================================================== Kanchan Kumar @ Kanchan Kumar Singh, aged about 28 years, Male, Son of Late Kanhaiya Singh Resident of Village - Kaithi Dera, P.S.- Bagan Gola, District- Buxar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and perused the case diary.
The petitioner is in custody in connection with Sessions Trial No.75 of 2019 arising out of Buxar Mahila P.S.Case No.64 of 2018 registered for an offence under Sections 341, 323, 504, 325, 307 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Earlier the prayer for bail of this petitioner was rejected vide order dated 18.12.2018 passed in Cr.Msic.No.64232 of 2018 to renew his prayer for bail after six months, if no substantive progress is made in the trial. Vide order dated 14.08.2019, a report was called for
Patna High Court CR. MISC. No.50462 of 2019(3) dt.06-11-2019 2/3 from the learned Fast Track Court, Buxar about the present stage of the trial of the case and the same has been received vide letter no.1 of 2019 dated 26.08.2019 which reveals that the case is pending for evidence and the court is presently vacant. It is submitted on behalf of the petitioner that petitioner is in custody since 08.08.2018 and the specific statement has been made in para-8 of the petition that the charge was framed on 27.05.2019 but till date not a single witness has been examined on behalf of the prosecution.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Fast Track Court-I, Buxar in connection with Sessions Trial No.75 of 2019 arising out of Buxar Mahila P.S.Case No.64 of 2018 with following conditions:- (i) Petitioner shall cooperate 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. (ii) If the petitioner tamper with the evidence or the
Patna High Court CR. MISC. No.50462 of 2019(3) dt.06-11-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T