Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.273 of 2018 Arising Out of PS.Case No. -345 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Mintu Kumar, son of Late Jalandhar Thakur, resident of Village- Minapur, P.S.- Minapur, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Alok Kumar Alok, Advocate For the Informant : Mr. Raju Kumar Goswami, Advocate For the S t a t e : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.

The petitioner is in custody since 16.09.2017 in connection with Minapur P.S. Case No.345 of 2017 registered for the offence under Sections 366 and 376/34 of the Indian Penal Code.

Diary in the present case was called for, which has since been received.

Considering the allegations made in the F.I.R. and also the statements, which has been made in the statement of the victim girl under Section 164 Cr.P.C., which are wholly contradictory and cast cloud on the prosecution case, let the

Patna High Court Cr.Misc. No.273 of 2018 (3) dt.19-02-2018 2/2 petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur P.S. Case No.345 of 2017, subject to the following conditions:

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T