Patna High CourtCR. MISC./62513/2019bail granted

Manish Kumar v. The State Of Bihar

2019-10-14Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62513 of 2019 Arising Out of PS. Case No.-335 Year-2019 Thana- FATUA District- Patna ====================================================== MANISH KUMAR Son of Shri Shashi Bhushan Singh Resident of VillageKundali, P.S.- Fatuha, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Dubey, Advocate.

For the Opposite Party:

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code registered in connection with Fatuha P.S. Case No. 335 of 2019.

3. It is submitted that the petitioner has been falsely implicated and in any event, the ingredients of the offence under Section 354 IPC are not made out in the F.I.R. against the petitioner in the absence of allegation of use of criminal force with intention to outrage her modesty. 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 Additional Chief Judicial MagistrateV, Patna City in connection with Fatuha P.S. Case No. 335 of 2019,

Patna High Court CR. MISC. No.62513 of 2019(2) dt.14-10-2019 2/2 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