Bhaju Sonar @ Bhajju Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1091 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Bhaju Sonar @ Bhajju Sonar, Son of Bhagwan Sonar, Resident of Village- Kama Bigaha, P.S.- Aurangabad (T), District- Aurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Binod Kumar Pandey For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 The appellant seek regular bail in connection with Aurangabad (T/Mahila) P.S.Case No.33 of 2016, registered for offences punishable under Section 341, 354A, 366, 50 and 506 of the Indian Penal Code and Section and Section 3(i)(w)(1)/3(2)(v)(a) of S.C./S.T. (POA) Act. Allegation against the appellant is that he had got sit the victim and tried to flee away with her and further allegation is that when the victim raised 'hulla', he threatened to kidnap her and thereafter she jumped from his motorcycle. Submission of the learned counsel for the appellant is that this is a false case, which will appear from the fact that though as per allegation, she raised hulla but none of the villagers are witness and due to some village dispute, he has

Patna High Court CR. APP (SJ) No.1091 of 2017 (3) dt.19-07-2017 2/2 been falsely implicated in this case. The appellant is in custody for more than seven months.

Heard learned Special P.P. also.

Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Aurangabad in connection with Aurangabad (T/Mahila) P.S.Case No.33 of 2016 after setting aside order dated 15.3.2017 passed in B.P.No.345 of 2017 by the learned A.D.J.-I, Aurangabad, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) chn/- U