Raman Kumar @ Raman Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70130 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Raman Kumar @ Raman Kumar Singh (M), aged about 27 years, Son of Sahdev Prasad Singh, Resident of Village - Phulwari, P.S.- Kochadhaman, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2025 Heard Mr. Raj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nand Kishore Prasad, learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kochadhaman P.S. Case No. 81 of 2023 registered for the offence punishable under Sections 313, 314, 302 and 120 (B) of the Indian Penal Code.
3. Allegation is of administering medicine for aborting 7 months old foetus which the daughter of the informant has conceived in course of relationship with the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that from perusal of the F.I.R., it appears that the victim has admitted that she was in relationship with the
Patna High Court CR. MISC. No.70130 of 2024(3) dt.24-01-2025 2/3 petitioner and the specific allegation of forceful termination of foetus is against the family members of the petitioner and not against the petitioner. The petitioner have clean antecedent and he is in custody since 14.08.2024. On these grounds, petitioner seeks to be released on bail.
5. Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made on behalf of the parties, as well as, the period of custody of the petitioner, who is in custody since 14.08.2024 and the specific allegation of forceful termination of foetus is against the family members of the petitioner, the learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj, in connection with Kochadhaman P.S. Case No. 81 of 2023 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
Patna High Court CR. MISC. No.70130 of 2024(3) dt.24-01-2025 3/3 (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T