Ashok Kumar Singh @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72858 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== Ashok Kumar Singh @ Ashok Singh, Son of Ramesh Singh, Resident of Village-Maheshkhunt, Ward No.06, P.S.-Kursakanta, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Informant/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for petitioner, learned counsel for the informant as well as learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with Kursakanta P.S. Case No. 93 of 2018 registered for the offences punishable under Sections 341, 323, 354(B), 366A, 386, 504, 506 and 34 of the Indian Penal Code. Informant is the victim girl who has stated in her written complaint that while she was returning after attending coaching classes both petitioner along with co-accused Aswant Singh used to tease her and thereafter on the strength of knife forced her to entered their house but on alarm being raised her parents came and she was sent her house.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. One similarly placed co-accused Aswant Singh has been granted

Patna High Court Cr.Misc. No.72858 of 2018(2) dt.13-12-2018 2/2 anticipatory bail by this Court as contained in Annexure-3 of this petition. He has no criminal antecedent and he is in custody since 11.08.2018.

Learned counsel for the informant has vehemently opposes the prayer for bail.

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 A.C.J.M.-V, Araria in connection with Kursakanta P.S. Case No. 93 of 2018, subject to the 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 reason, 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/ManojU T