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Patna High CourtCR. MISC./53403/2019bail granted

Munna Yadav v. The State Of Bihar

2019-08-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53403 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- ISHIPUR District- Bhagalpur ====================================================== Munna Yadav, aged about 32 yrs., Male, son of Debidayal Yadav, resident of village- Naya Tola, P.S. Barahat (Ishipur), District, Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-08-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 376 of the Indian Penal Code. Earlier, the bail application of the petitioner was rejected vide Annexure-1 with a direction to the court below to conclude the trial within six months.

It has been submitted on behalf of the petitioner that there is admitted land dispute between the parties and due to this dispute, informant, who is 70 years old lady, in connivance of her family members to put pressure on the family of the petitioner to settle the dispute has implicated the petitioner with false allegation. It has been submitted that the petitioner is in custody since 09.05.2018.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.53403 of 2019(2) dt.28-08-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ishipur (Barahat) P.S. Case No. 55/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T