Patna High CourtCR. MISC./55912/2019bail granted

Subhash Singh v. The State Of Bihar

2019-09-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55912 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- NATWAR District- Rohtas ====================================================== SUBHASH SINGH Son of Late Ram Nagina Singh @ Nagina Singh Resident of Village- Natwar Kala, P.O. and P.S.- Natwar, District- Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 354(a), 354(b) and 506 of the Indian Penal Code registered in connection with Natwar P.S. Case No. 53 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusation on the face of it is highly improbable. According to the FIR the petitioner is alleged to have outraged the modesty of the informant on 09.06.2019 and the FIR has been lodged more than three weeks' thereafter on 03.07.2019. It is submitted that there was dispute regarding payment of rent which was being demanded by the petitioner and for which Complaint Case No. 365/2019 has also been filed. The informant is the Sarpanch and has filed the present FIR to put pressure upon the petitioner. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and opposes the petition.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.55912 of 2019(2) dt.03-09-2019 2/2 communication of this order, let the above named petitioner 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 ACJM, Bikramganj, (Rohtas), in connection with Natwar P.S. Case No. 53 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further 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 co-operate 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.

iv. 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.

(Vikash Jain, J) Chandran/- U T