Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16586 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Dhiraj Kumar Singh son of Rijhan Singh, resident of village Bighar Path, P.S. Saraiya, District Muzaffarpur, Bihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh, Mr. Rakesh Chandra, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.01.2017 in connection with Saraiya P.S. Case No. 08 of 2017 for the offences alleged under Section 354/34 of the Indian Penal Code and Sections 8 and 12 of the POSCO Act.

3. It is submitted that the petitioner has been falsely implicated and in fact it was the informant, who used to call the petitioner from her mobile. The informant was putting pressure upon the petitioner to elope with her but on his refusal, she has instituted the first information report and that too after a delay of four days on 09.01.2017 for the alleged occurrence of 05.01.2017. There is no eye-witness to the occurrence. 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/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, POCSO Act, Muzaffarpur in connection

Patna High Court Cr.Misc. No.16586 of 2017 (2) dt.04-04-2017 2/2 with Saraiya P.S. Case No. 08 of 2017 with 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) B.T/Chandran U T