Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8848 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Ranjeet Kumar son of Late Bajrangi Prasad resident of Village : Kopin, P.S. : Sitamarhi, District : Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Rao Singh For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard the parties.

This application has been filed in connection with Narhat (Sitamarhi) P.S.Case No.01/2017 for the offence under Sections 376 & 511 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though there is allegation of attempt of committing rape against the petitioner but the petitioner has filed Annexure-2, which is a receipt filed by the petitioner against the father of the informant, as he had sold a piece of land to the petitioner but thereafter captured the land and in this case, a proceeding under Section 144 Cr.P.C. is also going on between the parties, which will appear from Annexure-3 series and further statement of the girl was also got recorded under Section 164 Cr.P.C. but she has not stated before the court nor on the oath, as appears from the impugned order itself. Heard learned A.P.P. also.

Having heard both sides. In view of the fact that that there is

Patna High Court Cr.Misc. No.8848 of 2017 (2) dt.06-03-2017 2/2 a case between the parties with respect to a piece of land and the proceeding under Section 144 Cr.P.C. is going on between the parties.

Considering all aspects of the matter, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-III, Nawada in connection with Narhat (Sitamarhi) P.S.Case No.01/2017 dated 09.01.2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U