Patna High CourtCR. MISC./6523/2017bail granted

Ravi Goswami v. The State Of Bihar

2017-02-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6523 of 2017 Arising Out of PS. Case No. -45 Year- 2016 Thana -KAJRAULICHAK District- BHAGALPUR ====================================================== Ravi Goswami, Son of Chandra Kant Goswami, Resident of VillageGorachoki, P.S. Kajraili, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Dr. Manoj Kumar, Advocate For the Opposite Party: Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.12.2016 in connection with Kajraili P.S. Case No. 45 of 2016 for the offences alleged under Section 366A/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the first information report has been instituted after a delay of three days on 30.10.2016 for the alleged occurrence of 27.10.2016. The statement of the so-called victim girl has since been recorded in which she has stated that she had voluntarily accompanied the petitioner to Mumbai and stayed with his friend's family. She has stated that no untoward incident has transpired to her. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Bhagalpur in connection with Kajraili P.S. Case No. 45 of 2016 , G.R. No. 4028 of 2016, with the following conditions:

Patna High Court Cr.Misc. No.6523 of 2017 (2) dt.22-02-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Ibrar U T