Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71702 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Deepak Kumar Son of Krishna Sharma Resident of Village - Masona, P.S.- Sanjhauli, Distt.- Rohtas ... Petitioner

Versus

1. The State of Bihar and

2. Shiv Kumar Singh ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rang Nath Choubey, Advocate For the Opposite Party :

Mr.Mohammed Arif, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 354 of the Indian Penal Code read with section 27 of the Arms Act on the allegation that the petitioner tried to pull Dupatta of complainant's daughter when she was returning from a Coaching Center, though he fled away on raising alarm.

Learned counsel for the petitioner submits that the petitioner has been implicated in a false case as a counter blast of a criminal case lodged by the petitioner's father against son of the complainant to save his skin. Learned counsel further submits that the petitioner has got no criminal antecedent. Both parties are of the same village.

In view of the facts and circumstances of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bikramganj, Rohtas in Complaint Case No.

Patna High Court CR. MISC. No.71702 of 2019(2) dt.20-11-2019 2/2 274 of 2018, on the following conditions:-

(1) 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 the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T