Rajendra Pandit @ Kalua @ Rajinder Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66412 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== Rajendra Pandit @ Kalua @ Rajinder Kumar Son of Babu Lal Pandit Resident of Village-Chandwar Hat P.S. Bahadurganj,Distt.-Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the parties.

Earlier bail petition of the petitioner was rejected vide order dated 05.09.2018 passed in Criminal Miscellaneous No. 40588 of 2018, with a liberty to the petitioner to renew his prayer for bail after framing of charge.

Petitioner seeks bail in Bahadurganj P.S. Case No. 93 of 2018 registered for the offence punishable under Sections 341, 323, 324, 307, 354(B) and 379 of the Indian Penal Code. Informant in his written report has stated that when his wife was cutting grass from the Maize field, suddenly petitioner along with Sunil Pandit came and after closing her mouth pushed on earth and tried to outrage her modesty. Thereafter informant's wife raised alarm on account of which accused persons gave Hasua blow on her throat due to which

Patna High Court Cr.Misc. No.66412 of 2018(2) dt.31-10-2018 2/2 blood started oozing and they fled away.

It has been submitted on behalf of the petitioner that charges have been framed against the petitioner and petitioner denied the charges and has claimed to be tried. Petitioner has got no criminal antecedent and is in custody since 03.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned District Judge, Kishanganj, in connection with Bahadurganj P.S. Case No. 93 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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.

(S. Kumar, J) ranjan/- U