Sujit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16769 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -MAHILA P.S. District- SEKHPURA ====================================================== Sujit Kumar Singh, Son of Late Surendra Singh, Resident of VillageMehus, P.S. Mehus, District Sheikhpura. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 15.03.2017 in connection with Sheikhpura Mahila P.S. Case No. 55 of 2016 for the offences alleged under Sections 376 and 506 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated with bald allegation which has been raised after considerable delay as the first information report has been instituted on 22.10.2016 for the alleged occurrence of 09.10.2016. The report of the chemical examination showing absence of spermatozoa also belies the prosecution case. 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 55 of 2016 with the following conditions:-
Patna High Court Cr.Misc. No.16769 of 2017 (2) dt.08-04-2017 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/Chandran U T