Bijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63382 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Purnia ====================================================== BIJAY KUMAR Son of Shanti Das @ Sant Lal Mandal Resident of Village - Mahmadia, P.S.- Dagarua, Distt.- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 354(B),420 of the Indian Penal Code registered in connection with Mahila P.S. Case No. 20/2018.

3. It is submitted that the petitioner has been falsely implicated in connection with the informant being taken away by o-accused Suraj Kumar and Roshan Kumar and later on joined by the petitioner and thereafter all three gave her rasgulla after which she became unconscious.

Subsequently, she received her objectionable photographs in her WhatsApp. It is further submitted that the thrust of accusation is against aforesaid co-accused persons who have been granted anticipatory bail by this Court in Cr. Misc. No. 61898 of 2018 and analogous case. It is submitted that in any event the ingredients of the offence alleged are not attracted as concerns the petitioner who 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)

Patna High Court CR. MISC. No.63382 of 2019(2) dt.21-10-2019 2/2 with two sureties of like amount each to the satisfaction of learned SDJM, Purnea, in connection with Mahila P.S. Case No. 20/2018, 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 co-operate 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. 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) Chandran/- U T