Bhawishya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77643 of 2018 Arising Out of PS. Case No.-392 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Bhawishya Singh S/o Late Sadhu Singh, R/o Vill.- Kehdih, P.S.- Khaira, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Sri Anil Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Khaira P.S. Case No. 392 of 2018 registered for the offences punishable under Sections 341, 323, 376, 511 of the Indian Penal Code.
Allegation against petitioner is attempt to commit rape on informant.
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 due to land dispute between the parties as the informant is cousin sister-in-law of petitioner and there was dispute with respect to irrigating the land between the parties. Petitioner has no criminal antecedent and is in custody
Patna High Court Cr.Misc. No.77643 of 2018(2) dt.02-01-2019 2/2 since 08.10.2018.
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 C.J.M., Jamui, in connection with Khaira P.S. Case No. 392 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/- U T