Jai Prakash Sah @ Tengara v. The State Of Bihar

Patna High Court Cr.Misc. No.2138 of 2017 (2) dt.30-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2138 of 2017 Arising Out of PS.Case No. -453 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Jai Prakash Sah @ Tengara S/o- late Sachchan Sah R/o Village- Bindusar Bujurg, P.S.- Mahadeva(O.P), District- Siwan..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Siwan Mufassil P.S. (Mahadeva O.P.) Case No. 453 of 2016 registered for the offences punishable under Sections 354, 509, 376/511 of the Indian Penal Code.

Allegedly, the petitioner tried to commit rape with deaf and dumb sister of the informant.

Submission is of false implication and that the case has been lodged with a concocted story, however, good sense has prevailed between the parties and compromise petition has been filed in the court below. The petitioner is suffering in custody since 07.11.2016 and as such he deserves sympathetic consideration.

Learned APP submits that now the informant is retracting

Patna High Court Cr.Misc. No.2138 of 2017 (2) dt.30-01-2017 from her earlier version.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil P.S. (Mahadeva O.P.) Case No. 453 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T