Pramod Kumar Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38089 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Pramod Kumar Singh @ Pappu Singh Son of Late Bhanu Kumar Singh resident of Village Mohania, P.O. & P.S. Mohania, District Kaimur (Bhabua).

... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brajesh Kumar For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.06.2017 in connection with Mahila (Bhabhua) P.S. Case No. 37 of 2016 for the offences alleged under Section 376 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and there is no eye witness to the occurrence. The F.I.R. has been instituted after an inordinate delay of more than one year on 30.11.2016 for the alleged occurrence of 20.11.2015 which itself casts serious doubt about the veracity of the accusations. Even otherwise the accusations are highly improbable as it is claimed that the victim worked for the petitioner for three years but she was ravaged only after about two or three months after joining of service at the house of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, 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/-

Patna High Court Cr.Misc. No.38089 of 2017 (3) dt.22-09-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhabhua, in connection with Mahila (Bhabhua) P.S. Case No. 37 of 2016, on the following 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 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.

(iv) The petitioner shall cooperate 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.

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