Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70845 of 2018 Arising Out of PS. Case No.-242 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Dilip Kumar, Son of Raghunath Sahani, Resident of Village- Gudhmi, P.S.- Musahari, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Sri Sanjay Kumar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Lalganj P.S. Case No. 242 of 2018 registered for the offences punishable under Sections 341, 323, 376, 504, 34 of the Indian Penal Code.
Informant has alleged that petitioner established physical relation with him on promise of marriage but subsequently denied to solemnized marriage with her. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Informant is a major and there is no allegation that any act was committed against her will or without her consent. Petitioner has no criminal antecedent and is
Patna High Court Cr.Misc. No.70845 of 2018(2) dt.10-12-2018 2/2 in custody since 07.07.2018 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 242 of 2018, subject to 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(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) Rajiv/Manoj U T