Kamal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15668 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Kamal Kishore, son of Pradeep Das resident of Takiyapar Gali No.9, P.S. Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Danapur P.S. Case No. 62 of 2016 registered for the offences punishable under Sections 452, 376, 511, 323 and 504/34 of the Indian Penal Code.

Allegedly, the petitioner entered into the house of the informant and tried to outrage the modesty of the informant after assaulting her and further started abusing and causing threats through mobile.

Submission is of false implication and that without any fault the petitioner is suffering in custody since 08.02.2016 having no criminal antecedent, the petitioner being electrical technician did some work in the house of the informant and when

Patna High Court Cr.Misc. No.15668 of 2016 (5) dt.21-06-2016 2/2 he demanded his wages, there was some altercation resulting the informant lodged this false case, no offence under Sections 376 and 511 of the Indian Penal Code is made out, other co-accused has been allowed pre-arrest bail by the learned Court below itself. The learned APP submits that the petitioner is the main accused.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 62 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Mishra/- U T