Suraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.7771 of 2016 (3) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7771 of 2016 Arising Out of PS.Case No. -132 Year- 2015 Thana -KARJA District- MUZAFFARPUR ====================================================== Suraj Kumar, s/o Late Sone lal Thakur, R/v Rmpur Luxmi, P.S. Kanti, Distt. Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Karja P.S. Case No. 132 of 2015 registered for the offences punishable under Sections 448, 323, 376 and 511/34 of the Indian Penal Code. The petitioner and other co-accused entered into the house of the informant and the petitioner tried to commit rape with her after closing in a room whereas, other co-accused was at the gate and when she protested, she was assaulted with chain of cycle and in the meantime, her mother came but the accused persons fled away. The motive behind the occurrence is alleged due to earlier land dispute.

Submission is of false implication and that during investigation independent witnesses have not supported the

Patna High Court Cr.Misc. No.7771 of 2016 (3) dt.22-04-2016 occurrence and they have stated that the mother of the informant was assaulting her, the petitioner without any fault is suffering in custody since 27.11.2015 and, as such he deserve sympathetic consideration to which the learned A.P.P. fairly submits that independent witnesses vide para 18, 19 and 20 have not supported the prosecution 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 Sri. Amit Kumar Tiwary, learned J.M. 1st Class, Muzaffarpur in connection with Karja P.S. Case No. 132 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T