Awadhesh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79045 of 2018 Arising Out of PS. Case No.-1668 Year-2002 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Awadhesh Sharma, S/o Sudama Sharma, R/o. Village- Ghaghariya Tola (Kharauni tola), P.S. Mirganj, District- Gopalganj, ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai, Adv.

For the Opposite Party/s :

Mr.Sri Surendra Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Complaint Case No. 1668 of 2002, Tr. No. 03 of 2018, registered for the offences punishable under Sections 323, 376/34 of the Indian Penal Code.

Complainant who is widow has alleged that while she along with her children were sleeping in her hut, petitioner along with one unknown person entered her room and committed rape on her on the strength of pistol and threatened to kill her.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.79045 of 2018(2) dt.30-01-2019 2/2 falsely implicated in this case. There is no medical report of the victim to support the alleged occurrence. Petitioner has no criminal antecedent and is in custody since 26.10.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Gopalganj, in connection with Complaint Case No. 1668 of 2002, Tr. No. 03 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T