Binod Mahto @ Binod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50660 of 2015 Arising Out of PS.Case No. -22 Year- 2009 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Binod Mahto @ Binod Kumar Singh, son of Sri Prabhu Chand Singh, Resident of Village - Ugahani, P.S. - Chenari, District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr.Advocate Mr. Rajani Kant Singh, Advocate For the S t a t e : Ms. Gulnar Begum(APP) For the Informant :

Mr. Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and the learned counsel for the informant as well as the learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with S.Tr. No.440 of 2010 arising out of Chenari P.S. Case No.22 of 2009 for allegedly having committed the offence under Sections 364 and 366A/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though final form had been submitted earlier and the petitioner had not been sent for trial, subsequently a petition was filed under Section 319 Cr.P.C., which was once rejected and thereafter

Patna High Court Cr.Misc. No.50660 of 2015 (4) dt.20-01-2016 2/3 another petition under Section 319 Cr.P.C. was submitted, which was allowed by the learned trial court and, thus, the petitioner is presently apprehending his arrest. Learned counsel further submits that whatever may be the legal evidence available, the petitioner is willing and ready to co-operate with the trial and shall present himself on all relevant dates, as and when required by the court. It is further submitted that the petitioner shall not abstain himself from attending the court and if he does so, on two consecutive dates without there being any just and valid cause, it shall be open to the court below to alter/ modify this order, so that it may proceed with the trial without there being any obstruction at the end of the petitioner.

In view of the submissions made by the learned counsel for the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Rohtas at Sasaram,in connection with S.Tr. No.440 of 2010 arising out of Chenari P.S. Case No.

Patna High Court Cr.Misc. No.50660 of 2015 (4) dt.20-01-2016 3/3 under Section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioner fails to attend the court for two consecutive dates without just and valid cause, the court below shall proceed to take appropriate action and the present order shall be deemed to have been withdrawn by this Court.

(Anjana Mishra, J) PNM U T