Arjun Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36150 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -MAHILA PS District- JAMUI ======================================================

1. Arjun Pal, Son of Late Sheetal Pal, Resident of Village:- Borar, P.S.: Jamui, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mahila P.S.Case No.71 of 2016, registered for offences punishable under Sections 354(A), 448, 376 and 511 of the Indian Penal Code.

Allegation against the petitioner is of attempt to rape upon the informant.

Submission of the learned counsel for the petitioner is that the F.I.R. as well as the materials collected during the course of investigation clearly shows that earlier three cases had been lodged by the informant against this petitioner and two independent witnesses have stated in para 21 and 22 of the case diary that only altercation took place between the parties and when

Patna High Court Cr.Misc. No.36150 of 2017 (3) dt.22-08-2017 2/3 the petitioner assaulted by fists and slaps, to make the case serious, a concocted and false allegation has been made in the F.I.R. and further submission is that the petitioner is in custody for about 4 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Mahila P.S.Case No.71 of 2016 dated 18.10.2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J)

Patna High Court Cr.Misc. No.36150 of 2017 (3) dt.22-08-2017 3/3 chn/- U T