Patna High CourtCR. MISC./43498/2016bail granted

Vicky Mahto v. The State Of Bihar

2016-10-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43498 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -BAIRIYA District- WESTCHAMPARAN (BETTIAH) ====================================================== Vicky Mahto son of Bhagrathi Mahto, Resident of village - Khushi Tola, Police Station-Bairiya, District - West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.07.2016 in connection with Bairiya P.S. Case No. 91 of 2016 for the offences alleged under Sections 457, 376 and 511 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the accusations in the F.I.R. on the face of it are highly improbable. The F.I.R. has been instituted after inordinate delay on 17.04.2016 for the alleged occurrence of 06.04.2016 for which no reason whatsoever has been assigned. 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, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 91 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.43498 of 2016 (2) dt.20-10-2016 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 to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T