Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4142 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== Bablu Kumar, Son of Lal Bahadur Yadav, Resident of Village- Pusaho, P.S.- Bithan, District- Samastipur.
... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rohit Kumar, Advocate For the Respondent/s :
Mr. Sadanand Paswan, S.P. P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-11-2019 Appellant seeks bail in connection with Bithan P. S. No. 66 of 2019, registered for the offences punishable under Sections 376, 504, 506, 511 of IPC and Sections 3(i) (s), 3(i) (w) of SC/ST Act.
As per F.I.R. appellant is said to have lifted the informant in his arm and attempted to commit rape upon her. Submission of the learned counsel for the appellant is that he has falsely been implicated in this case. Both the parties are neighbours and now after charge evidence of the victim has also been recorded, in which, she has turned hostile, as she has not supported the prosecution case. The appellant is in custody for about four months.
Heard learned Special P.P. for the State, also. Having heard both sides, in view of the facts and
Patna High Court CR. APP (SJ) No.4142 of 2019(4) dt.25-11-2019 2/2 circumstances, as stated above, this appeal is allowed. The impugned order dated 05.08.2019 is set aside. Let the appellant above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, SC/ST Act, Samastipur, in connection with Bithan P. S. No. 66 of 2019, subject to the condition that one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the court concerned with condition that he has to co-operate in disposal of the trial and appear as and when required, otherwise, his bail bonds shall be cancelled.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T