Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60329 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MAHILA P.S. DistrictKaimur (Bhabua) ====================================================== UPENDRA RAM S/o Rajak Ram Resident of Jagebaraon, P.S.- Sonhan, District- Kaimur at Bhabua ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Tribhuwan Narayan, Advocate.

For the Opposite Party:

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 354, 354(B) of the Indian Penal Code registered in connection with Bhabua Mahila P.S. Case No. 37 of 2019, G.R. No. 950 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusation for the offences alleged are highly improbable as the informant is none other than the bhabhi of the petitioner. There is land dispute between the parties. It is submitted that witnesses have not supported the allegation. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 Sub-Divisional Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua Mahila P.S. Case No.

Patna High Court CR. MISC. No.60329 of 2019(2) dt.25-09-2019 2/2 37 of 2019, G.R. No. 950 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further 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 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T