Patna High CourtCR. APP (SJ)/1107/2017bail granted

Kaushal Singh v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.1107 of 2017 (4) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1107 of 2017 Arising Out of PS.Case No. -73 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kaushal Singh son of Late Kolai Singh @ Late Hari Shankar Singh Resident of Village - Sheorajpur, Police Station - Nautan, District - West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Lalan Kumar Verma For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The appellant is in custody since 12.09.2016 in connection with POCSO Trial No. 31 of 2016 (Arising out of Pipra Kothi P.S. Case No. 73 of 2015 G.R. No. 3490 of 2015, registered for offences punishable under Sections 341, 342, 504, 506 of the Indian Penal Code and Under Sections 4, 6, 8 of POCSO Act as well as Under Section 3(2)(V) of SC/ST (POA) Act.

It has been submitted that her statement under Section 164 Cr.P.C., at annexure-2 clearly shows that she has not named this appellant and also has not made any allegation against the appellant and he is custody since 12.09.2016.

Heard learned Special P.P. also.

Considering the aforementioned facts and circumstances, the period of custody and also that the appellant has no criminal

Patna High Court CR. APP (SJ) No.1107 of 2017 (4) dt.05-07-2017 antecedent, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, East Champaran, Motihari, in connection with POCSO Trial No. 31 of 2016 (Arising out of Pipra Kothi P.S. Case No. 73 of 2015 G.R. No. 3490 of 2015, with following conditions:- (i) One of the bailors of the petitioner 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 the trial and make himself available as and when required by the court and on the event of failure on his part two 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) siddharth/- U T