Munnu Kumar @ Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59778 of 2019 Arising Out of PS. Case No.-670 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== MUNNU KUMAR @ MONU KUMAR Son of Ashok Kahar @ Chhangur Singh Resident of Village - Bhabua, Chakbandi, Road Ward No.-11, P.S.- Bhabua, District- Kaimur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-09-2019 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, 354(B) and 506/34 of the Indian Penal Code and Section 12 of the POCSO Act, registered in connection with Bhabua P.S. Case No. 670 of 2017.
3. It is submitted that the petitioner has been falsely implicated and the thrust of the accusation is against co-accused Nitish Pandey @ Chhotu, who has been granted anticipatory bail by this Court in Cr. Misc. No. 11346 of 2019. The petitioner along with co-accused Golu Bind @ Nitesh Raj, who have not been named in the
Patna High Court CR. MISC. No.59778 of 2019(2) dt.23-09-2019 2/3 FIR are said to have assisted the said co-accused Nitesh Pandey @ Chhotu. Similarly situated co-accused Golu Bind @ Nitesh Raj has been granted anticipatory bail by this Court in Cr. Misc. No. 38925 of 2019. The petitioner is accused in two prior cases of different nature, in which he is on bail.
4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of 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 the like amount each to the satisfaction of learned Additional Sessions Judge-1-cum-Special Judge, Kaimur, Bhabua in connection with Bhabua P.S. Case N. 670 of 2017, 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
Patna High Court CR. MISC. No.59778 of 2019(2) dt.23-09-2019 3/3 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) HR/- U T