Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12830 of 2017 Arising Out of PS. Case No. -152 Year- 2016 Thana -BIKRAM District- PATNA ====================================================== Alok Kumar, son of Kaushal Singh, resident of village Babhan Kanpa, P.S. Ranitalab, District Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mritunajay Kumar, Mr. Patanjali Rishi, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.07.2016 in connection with Bikram P.S. Case No. 152 of 2016 for the offences alleged under Sections 364, 120B, 302, 201 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as no injury has been found in the post mortem report. Similarly situated co-accused Pintu Kumar has been granted bail by this Court in Cr. Misc. No. 3733 of 2017. So also co-accused Lovely Singh @ Aarzoo with whom the deceased is alleged to have had love affair has been granted anticipatory bail by this Court in Cr. Misc. No. 52954 of 2016. 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 Shri Raghawendra Narayan Singh, learned Judicial Magistrate, Ist Class, Danapur, Patna in connection with Bikram P.S. Case No.

Patna High Court Cr.Misc. No.12830 of 2017 (2) dt.16-03-2017 2/2 152 of 2016 with the following conditions:

(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